Tim Powers

Law Office of Tim Powers

940.580.2899

www.timpowers.com

Understanding the criminal process from arraignment to appeal

This article was written with the defendant's thoughts, questions and next steps in mind.

It is the first step in learning the basics about the criminal justice process. What should the defendant expect at each stage of their case? How do the laws differ from state to state? What if the defendant is not happy with his attorney? How does the appeals process work? What will happen to the defendant? The answers to these questions, and dozens of questions like these, ensure in a clear and concise format, that the defendant has a solid foundation going forward.

The law may seem tricky at first glance – that is why the defendant has certain rights, the paramount one being the right to retain an attorney. The defendant is guaranteed the right to legal representation, whether the attorney is appointed for the defendant or the defendant hires a private attorney. Another important right is the right to present his case.

The right to a fair and speedy trial and the right to be provided a specific statement of the charges are two other very important rights of a defendant.

Key Constitutional Rights

1. Right to counsel (attorney) 2. Right to cross examine and confront witnesses 3. Right to testify on one's own behalf 4. Right to remain silent 5. Right to a speedy trial 6. Right to use courts subpoena power to compel witnesses to testify 7. Right to a jury trial (in most cases) 8. Right of presumed innocence

Process of a criminal case

MISDEMEANOR	FELONY

Arraignment	*Lower Court*
Bail
Identity of defendant	Arraignment
Ascertain charges	Bail
Confirm attorney of record	Identity of defendant
	Ascertain charges
Pre-Trial Conference (one or more)	Confirm attorney of record
Plea negotiations
Identification of issues	Pre-Preliminary Hearing
Identification of witnesses	Plea negotiations
Identification of strengths / weaknesses	Identification of issues
	Identification of witnesses
Trial (judge or jury)	Identification of strengths / weaknesses
Pre-trial motions issues of fact are decided
	Preliminary Hearing
Sentencing	Probable cause that crime was committed and defendant was the one who committed it
Judge imposes sentencing after defendant has been convicted
	*Upper Court*
Appeal
The defense may request a higher court to change the lower court's decision.	Arraignment
	Bail
Expungement	Identity of defendant
Expungement is a legal term for sealing the criminal record	Ascertain charges
	Confirm attorney of record

	Pre-Trial Conference
	Plea negotiations
	Identification of issues
	Identification of witnesses
	Identification of strength/weaknesses

	Trial
	Pre-trial motions
	Issues of fact are decided

	Sentencing
	Judge imposes sentencing after defendant has been convicted

	Appeal
	The defense may request a higher court to change the lower court's decision.

	Expungement
	Expungement is a legal term for sealing the criminal record

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your Denton County criminal case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.580.2899.

*Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney.