I have been arrested.
What happens next?
Although the criminal process in Indiana can differ slightly based on the charges you are facing, the general progression of a criminal case is outlined below.
You can be arrested at the scene of the alleged crime or after via a warrant. Although each way is permissible under the law, YOU HAVE RIGHTS. If your rights have been violated, there is an increased chance that evidence will be suppressed or your charges will be dismissed. You need an attorney like Rebecca Gray to ensure that your rights have not been violated and to challenge the State’s case.
Initial Hearing/ Probable Cause/ Bail
Commonly referred to as Arraignment on T.V. and in other states, the Initial Hearing typically takes place within 48 hours of arrest for someone who is in jail. At your initial hearing, the judge will present the charges you are facing and ask you to enter a plea of either guilty or not guilty. The Judge will also make a finding that sufficient probable cause existed for the officer to make the arrest. Although you are able to plead guilty at your initial hearing, you should consult an attorney like Rebecca Gray before doing so.
The initial hearing is also where the Judge will address bail. Bail is a process by which you pay a set amount of money to obtain your release from jail. As part of your release, you promise to appear in court for all of your scheduled criminal proceedings. The Judge will take into account a variety of factors when determining your bail amount. Factors such as; severity of crime, risk of flight, criminal history, and potential danger to the community. An attorney like Rebecca Gray can challenge the bail set in your case and will work to secure your release from jail.
Although you are not required to have an attorney represent you at your initial hearing, hiring an attorney like Rebecca Gray prior to your initial hearing will be an invaluable asset. Rebecca Gray will immediately communicate with the prosecutor and evaluate the strengths and weaknesses of your case.
It may come as a surprise, but most criminal charges never actually go to trial. Instead, they resolve with a plea agreement. What is a plea agreement? Many times the prosecutor will offer a reduced charge or a lesser penalty if a criminal defendant is willing to plead guilty before a trial. Sometimes that plea agreement is a diversion program offered by the prosecutor’s office for certain first-time offenders.
Often, the plea agreement is in the best interest of the prosecutor and the defendant, but not always. You need an attorney like Rebecca Gray to analyze the State’s case, negotiate the terms of any plea agreement, and discuss the plea with you before you accept it. You should never sign a plea agreement without speaking with an attorney like Rebecca Gray first. By signing a plea agreement, you agree to waive certain rights. Don’t waive those rights before speaking to an attorney like Rebecca Gray.
If your case does not resolve with a plea, it will proceed to trial. At your criminal trial, the State has to prove all of the charges it filed against you “beyond a reasonable doubt.”
Having an attorney like Rebecca Gray advocate for you and protect your rights is imperative to a favorable resolution of your case. In some cases, an arrest alone can affect your ability to possess a firearm and interact with family members. To make matters worse, if you are convicted of a crime, your ability to obtain employment could be affected, you may not be able to obtain certain professional licenses, and you could be prevented from purchasing firearms. These are very significant consequences.
So keep calm and call Rebecca Gray today for your free consultation.