Navigating the Criminal Justice System [infographic]

Although there is often variation regarding rules and procedures from one court to the next, criminal cases generally follow the same processes. In all cases, a defendants’ constitutional rights must be honored. All defendants have a right to due process of law with reasonable notice of charges and proceedings and a fair hearing.

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Table of Contents

The Stages of Criminal Cases

Criminal cases develop in stages that begin with an arrest and end either before, during, or after a trial. If a defendant accepts a plea bargain from the prosecution, the criminal case will end. A plea bargain offers a defendant a dismissal of charges or a more lenient sentence in exchange for a guilty plea before a trial begins. Criminal cases progress in stages:

Arrest

When a suspect is arrested by police, he/she may remain in jail or post bail. During the bail hearing, the judge determines whether the defendant is able to post bail and what the bail amount will be. If a suspect is granted bail, he/she may pay the bail amount in exchange for his/her release.

Arraignment

A suspect’s first court appearance will be at the arraignment. During this process, the judge will read the charges against the defendant and the defendant can plead “not guilty,” “guilty,” or “no contest” to the charges. After reviewing the defendant’s bail, the judge will establish dates for future proceedings.

Preliminary Hearings or Grand Jury Proceedings

Preliminary hearings are held before a judge or magistrate in felony cases. At this hearing, the prosecution must show that it has sufficient evidence to support the charges against the defendant. In federal cases, charges must be brought by indictment. Preliminary hearings and grand jury proceedings are held to establish probable cause. If no probable cause is found, the defendant will not have to stand trial.

Trial

If there is no plea agreement, the case proceeds to trial. During the trial, the prosecution will introduce evidence and call witnesses to testify. The criminal defense lawyer will have an opportunity to challenge the evidence and cross-examine prosecution witnesses. After closing arguments, the jury will return a verdict.

Sentencing

If the defendant is found guilty, the court will impose a sentence based on the severity of charges, the defendant’s criminal history, and state laws that govern penalties.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Knowing how to choose a criminal defense lawyer in Minneapolis, MN, can help you hire a lawyer who will prepare an effective defense strategy and fight for the best result from your case. One of the crucial tips when selecting a criminal defense lawyer is to vet those with relevant experience in cases like yours. You can only do this when you thoroughly understand the charges you are facing.
People anticipating an arrest in Minneapolis, Minnesota, might ask, “What is the role of a defense attorney during an arrest?” A skilled criminal defense attorney can explain your options, ensure the police follow the rules, and protect your rights. The attorney will build a solid defense, talk to the prosecutor, and fight for your best interests.
Knowing when to hire a criminal lawyer for your case in Minnesota can help protect your constitutional rights and turn the odds in your favor. You should retain a criminal lawyer immediately after learning you are under investigation, get arrested, or are charged with a crime. Seasoned criminal lawyers understand the criminal justice system, can build a winning defense strategy, and aggressively push for a positive outcome of your case.