A criminal case moves through a series of stages, each with different procedures, deadlines, and strategic decisions. What happens at one stage directly affects what options are available at the next. Missing a filing deadline, waiving a right at arraignment, or making a statement to law enforcement before consulting an attorney can all restrict your options for moving forward.
If you’ve been arrested or charged with a crime, a Concord criminal defense attorney can step in at any point, but the earlier that happens, the more room there is to work with. Here is how the process moves from arrest through resolution.
The Arrest
A criminal case begins when law enforcement makes an arrest based on probable cause or executes an arrest warrant issued by a judge. At the time of arrest, you should be informed of the charges and read your Miranda rights. Those rights include the right to remain silent and the right to an attorney.
Anything you tell officers during or after your arrest can be used against you. The urge to explain your side is natural, but the time to do that is with your attorney present, not in the back of a patrol car.
The Arraignment
The arraignment is your first appearance in front of a judge. It usually happens within 48 to 72 hours of the arrest. The judge reads the charges, and you enter a plea. In almost every case, the initial plea is not guilty.
- The judge sets the bail amount based on:
- the severity of the charges
- your criminal history
- your ties to the community
- whether you’re considered a flight risk
Your attorney can argue for lower bail or for release on your own recognizance.
Any conditions attached to your release take effect immediately. Violating travel restrictions or a no-contact order will result in additional charges and possible revocation of bail.
Pretrial Proceedings
Most of the substantive legal work happens during the pretrial stage. Both sides exchange evidence through a process called discovery. The prosecution turns over police reports, witness statements, forensic results, surveillance footage, and anything else it plans to use at trial. Your attorney reviews all of it.
This is also when your attorney files pretrial motions. A motion to suppress evidence can challenge whether a search was conducted lawfully or whether your statements were obtained in violation of your Miranda rights. A motion to dismiss can argue that the charges lack sufficient evidence to proceed. The judge hears these motions before setting a trial date.
Pretrial conferences between your attorney and the prosecutor may also result in plea negotiations. If the prosecution’s case has weaknesses, your attorney may be able to negotiate reduced charges or a favorable sentencing recommendation in exchange for a guilty plea. Whether to accept a plea offer is your decision, not your attorney’s.
The Trial
If no plea agreement is reached, the case goes to trial. You have the right to a jury trial for any charge that carries potential jail time, though you can also choose a bench trial where the judge decides.
Jury selection comes first. Both sides question potential jurors and remove those who may be biased.
Then the prosecution presents its case through witness testimony and evidence. Your attorney cross-examines each witness. After the prosecution rests, the defense can present its witnesses and evidence, though it is not required to. The prosecution bears the burden of proof.
Closing arguments follow, and then the jury deliberates. A guilty verdict must be unanimous. If even one juror is not convinced beyond a reasonable doubt, the result is a hung jury, and the prosecution has to decide whether to retry the case.
Sentencing
The judge considers the nature of the offense, your criminal history, any victim impact statements, and the arguments from both attorneys before passing a sentence, which can include:
- prison time
- probation
- fines
- community service
- restitution
- a combination of the above
In some situations, your attorney can argue for alternative sentencing options, like diversion programs or deferred adjudication. The availability of these options depends on the charge, the jurisdiction, and your record.
After the Verdict
A conviction is not always final. If the trial court made legal errors, your lawyer can appeal to a higher court. Appeals review whether the lower court applied the law correctly. If you miss the filing timeline, you’ll forfeit the right to appeal entirely.
What This Process Demands From You
Employment consequences, professional licensing inquiries, and civil liability claims can all begin while the criminal proceedings are still in the pretrial phase. Get an attorney involved early so they can account for those parallel exposures at every stage.
