This blog
discusses some of the main considerations you should be aware of if you have
been charged with a crime.
You or a
loved one has been charged with a crime. What’s next? There can be any number
of things to consider, and in this blog, we will discuss a few of them. This is for informational purposes only and
does not substitute the advice and counsel of a criminal defense lawyer.
After I have been charged, what is
the process?
This depends
on many factors, including whether you were charged with a misdemeanor or
felony, what jurisdiction you were charged in, and whether it
was a state or federal crime.
The answer to those questions will help you determine what is going to happen in court.
Other
considerations while you case is pending involve whether you are on pre-trial release, in federal detention, or in jail awaiting a bond hearing.
Some advice
Some general
advice that applies to all of the above is to hire a lawyer and not make any statements to anyone except that lawyer. Conversations with your lawyer cannot be used against you unlike
statements to the police covered under Miranda.
How do I fight my case?
If your
criminal case proceeds forward and is not dismissed, it can end in a plea bargain or a criminal trial. You will typically
have discovery before you are expected to make that decision. Criminal
defendants are always presumed to be innocent.
If you
decide to proceed to a trial you simply plead “not guilty” during arraignment. During trial, the defense can put
on evidence, make pre-trial motions, select a jury, make objections, and assert affirmative defenses.
During a
trial, your lawyer makes sure your constitutional protections weren’t violated, such as your right to confront your accusers, you rights against unlawful search
and seizure, your right to counsel, and at sentencing, your eighth amendment rights.
Keep in mind however that the victim will
also have opportunity to testify.
What happens if I am found guilty?
Depending on
the crime, it is not just the mandatory minimums, misdemeanor sentencing guidelines, felony sentencing guidelines or federal sentencing guidelines you have to contend with. There can be other collateral consequences, such as sex offender registry, loss of certain licenses, immigration issues, supervised released violations, probation violations, and many other consequences and
considerations.
Can I do anything else once I have
been convicted?
After a
conviction, depending on the circumstances, you can appeal or make a motion for appropriate relief, to try and get a different result.
Something else to consider is that after some time, some convictions can be expunged.
While there
are many other considerations if you have been charged with a crime, we hope
that this blog provided an overview of some of the main ones. This blog is not
intended as substitute for the advice and counsel of a criminal defense
attorney. If you have been charged with a crime, you should speak to a lawyer. At
Gilles Law, we make appearances for criminal cases in North Carolina
and South Carolina in both state court and federal courts.
If you have been charged with a crime, contact us.