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There are several steps that take place during and after an arrest process in Newport News. A criminal defense attorney in Newport News discusses the typical Newport News arrest process and the events that follow.
The individual should expect before they are even arrested that the police will have probable cause to make the arrest before they can move forward. The police are required to have this in order to be able to arrest someone in the first place. What constitutes probable cause varies from case to case and can be a point of contention later on in the trial.
Once arrested, the individual can expect to hear the police officers read them their Miranda Rights which includes the right to remain silent and the right to an attorney. These rights are required to be read to this person before they can be questioned. If they aren’t read and there are questioned, then anything they say may be inadmissible in court.
Once they are taken into custody, they will either be released on bond or told that bond has not been granted for them. Typically bond is denied if someone is a flight risk, or if their release would pose a danger to themselves or the public.
Later, they can expect to go to an arraignment where they will be asked if they want to hire an attorney or see if they qualify for a public defender and that’s where the defendant is formally charged and a date is chosen for the hearing.
The first thing that happens is that you’re taken into custody and you either are granted bond at a bond hearing or you are told that there is no bond granted and then hopefully you hire an attorney who can arrange to have a bond hearing set up for you to try again. After that, your case moves on to the arraignment which is where you can choose to hire a public defender or your own attorney and your charges are formally read to you.
After charges are filed, they should expect their lawyer to go through the evidence in the case and work to build a defense. This is pretty crucial in the process, so people without an attorney are walking in blind if they don’t know how to go through their own evidence and build their own defense. If there is not a good defense, then the attorney can also work with the prosecutor to attempt to secure a good plea deal. The final step is then the actual trial.
A grand jury decides whether there is probable cause to believe that the accused person may be guilty of the crime charged in the indictment and therefore they should stand trial. This happens only in felony cases. The grand jury hears evidence after a probable cause hearing in district court. Generally, the prosecutor will present evidence to the grand jury and the grand jury will then decide whether there is probable cause to charge them.
If there is probable cause, then an indictment is issued and the case moves to Circuit Court. An indictment is the document that actually charges somebody with a crime. The person will then be arraigned in the Circuit Court the same way that someone in a misdemeanor would be arraigned in general district court or with the felony before it goes on to the preliminary hearing.
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