Criminal Cases

What to expect?

Investigation.

You have the right to request to speak to an attorney prior to a police interrogation. .  You also have the right to deny police the permission to search your property such as your home, your vehicle, and your purse.  There are specific exceptions to this requirement such as when risk to public safety is at stake.  If probable cause that a specific crime was committed does not exist to search the property then the judge will deny the search warrant.  If probable cause does exist, the officer will have the right to search your property but only according to specific guidelines as directed by the judge.  You should not be penalized for respectfully asserting your right to an attorney or because you respectfully denied an officer the right to search your property.

Charges filed.

You will either be served with an summons or an arrest warrant upon the filing of a criminal charge.  If a summons is ignored, the Prosecuting Attorney may obtain an arrest warrant from the court.  Arraignment is when you are formally advised of the nature of the charges your are facing and in some cases the Prosecuting Attorney will ask the judge to address the conditions of release on your case or request additional bail be posted, or that you be taken into custody.  Next, you will be given an Omnibus date.  At Omnibus, the Prosecuting Attorney and Defense Attorney let the court know whether all of the evidence has been exchanged and what pretrial motions will be necessary.    At Pretrial, the parties let the court know whether they are prepared for trial.    The Prosecutor has the burden of proving you are guilty beyond a reasonable doubt.