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At Schatz & Anderson, we handle all kinds of criminal cases, from minor
infractions and misdemeanors to the most serious felony offenses. We provide representation during all stages of the criminal
process from the initial investigation to post conviction appeals. If you have been charged with a crime, it is vital that
you have a dedicated and knowledgeable defense attorney working for you. A skilled defense attorney can identify potential
defenses to your case and raise those defenses in court. The criminal process can be complicated and intimidating and the
consequences of a conviction can be severe. Penalties for a criminal conviction can include fines, counseling, community service,
loss of driver's license or professional licensure, probation, jail or even prison. Don't take any chances with your freedom,
call us now to schedule your FREE no obligation consultation.
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The Criminal Process
1. How does a criminal case get started?
Citation - On some
minor criminal offenses, an officer may issue the suspect a citation but may not arrest them and take them to jail. After
the citation is issued, it is referred to the appropriate court and a notice of hearing is sent to the defendant advising
him or her of when they must appear in court to answer to the charge in the citation.
Arrest - Most criminal cases are initiated
following an arrest. Officers are authorized to arrest anyone who commits an offense in the presence of an officer or if the
officer has reason to believe that the person to be arrested has committed a crime.
Filing an Information - Some cases are initiated by the filing of a charging Information. The information
is a document prepared by the prosecutor and filed with the court setting forth the criminal charges and allegations against
the defendant. The information must include a clear statement of the offenses charged and may include a brief summary of the
allegations or evidence supporting the charge. Once an Information has been filed a judge has two options. The first option
is to direct the court clerk to send the defendant a Summons or Notice of Hearing telling the defendant when to appear in
court to answer to the charges. The second option is to issue an arrest warrant authorizing police to arrest the defendant
and bring them before the court to answer to the charges.
2. Getting out of Jail
After you've been
arrested, there are several ways to get out of jail:
1. Own recognizance release
- Many offenders who do not have a significant prior criminal history are simply release on their own signature and promise
to appear in court when notified.
2. Pre-trial Services - Some offenders are released
on Pre-trial Supervision. Pre-trial Services is a sort of pre-trial probation unit that is authorized to supervise offenders
so that they can be released from jail without having to pay bail. Conditions of pre-trial release may include having to report
daily, attend drug and alcohol classes and submit to random urine tests.
3. Posting Bail - In order
to ensure that an offender appears in court, some offenders are required to post a cash bail which can range from $500 to
$1,000,000. An offender can put up the entire bail amount or can use the services of a bail bondsman who typically charges
a fee equal to 10% of the total bail amount. If the bail amount set is high, the defendant can file a motion for a bail reduction
hearing to ask that the bail amount be lowered.
3. Classifications of Criminal Offenses
& Penalties:
Level of Offense
Incarceration
Fine
Infraction
No Jail $750.00
+ 85% Surcharge
Class C Misdemeanor
0-90 days $750.00 + 85% Surcharge
Class B Misdemeanor 0-180
days $1,000.00 + 85% Surcharge
Class A Misdemeanor
0-365 days $2,500.00 + 85% Surcharge
3rd Degree Felony 0-5
years $5,000.00 + 85% Surcharge
2nd Degree
Felony
1-15 years $10,000.00 + 85% Surcharge
1st Degree Felony
5 years-life $10,000.00 + 85% Surcharge
Capital Homicide
Death Penalty
*Loss of driver's license
In addition to the penalties listed above, some offenses carry an
automatic loss of driving privileges. For example, any drug related crime, whether it occurred in a car or not, carries an
automatic loss of driving privileges for a period of six months. Be sure to ask your attorney if a loss of driving privileges
could be a consequence of your charge.
*Minimum Mandatory
Some offenses, such as DUIs carry minimum mandatory sentences. This
means that the legislature has set forth a minimum sentence that the judge must impose. Minimum mandatory sentences can include
minimum jail or prison terms, minimum fines, or counseling requirements. Be sure to ask your attorney if any of your charges
carry a minimum mandatory sentence.
*Probation
In addition to the penalties outlined above, the court can place a
defendant on probation for a period anywhere from 6 to 36 months. There are different levels of probation. Those placed on
supervised probation will be required to check in regularly with a probation officer and will be subject to search and seizure
at all times. Others may be placed on good behavior probation or court probation which does not require the assignment to
a probation officer. The court clerk will check to verify that the defendant has complied with the conditions of probation.
Probation conditions can include but are not limited to counseling, community service, fines and fees, restitution, random
drug testing, and employment or schooling requirements. If a defendant fails to comply with the conditions of probation, an
Order to Show Cause may be filed requiring the defendant to appear in court to 'show cause' why the defendant should not be
held in contempt for failing to comply with the conditions of probation. If the defendant violates his probation, the court
may impose further sanctions including additional fines and time in jail.
4. Warrants
An arrest warrant is a court order authorizing any law enforcement
officer to arrest the subject of the warrant and take them into custody. Warrants can be issued for several reasons. An arrest
warrant can be issued by the judge as soon as a case is filed. Other times warrants are issued because a defendant fails to
appear in court for a hearing. Warrants can also be issued if a defendant fails to comply with the conditions of his or her
probation. If a warrant for your arrest has been issued, you may be able to avoid going to jail and having to bail out by
scheduling an appearance before the court. For more information on how to have a warrant recalled, contact our office.
5. Misdemeanor Court Process
1. Arraignment - This is the first hearing in a Misdemeanor case.
At this hearing, you enter your initial plea of guilty or not guilty. You may be able to avoid having to appear at this hearing
by filing a written Entry of Not Guilty Plea.
2. Pre-trial Conference - At the pre-trial Conference
your attorney can discuss your case with the prosecutor and attempt to negotiate a reasonable plea agreement. If you are unable
to reach a plea agreement, the pre-trial conference can be used to schedule further hearings in your case or a trial date.
3. Motion/Suppression Hearing - A skilled attorney may be able to file Motion to Suppress asking
the court to suppress some or all of the evidence or a Motion to Dismiss asking the court to dismiss the case in its entirety.
If the Motion is granted a case can be dismissed or seriously weakened. There may be several motions which can be filed, depending
on the facts of your case.
4. Trial - If you are unable to negotiate a satisfactory plea agreement
and your case is not dismissed on a Motion to Suppress or Motion to Dismiss, you have the right to have your case tried before
a judge (bench trial) or a jury (jury trial). A Class C or B Misdemeanor is tried before a jury of four (4) jurors and a Class
A Misdemeanor is tried before a jury of six (6) jurors. The size of the jury is determined by the most serious charge filed
against you in your case. In order to convict, all members of the jury must agree to find the defendant guilty, this is called
a unanimous verdict.
5. Appeal - If you are found guilty, you have the right to appeal your conviction.
The appellate rights available to you depend on whether your case is filed in a Justice Court or a District Court. In either
case, a written Notice of Appeal must be filed within 30 days of the conviction and/or sentencing. Along with the Notice of
Appeal, a Petition for a Certificate of Probable Cause can be filed asking the court to stay the imposition of the sentence
that was imposed until the appeal has been decided.
6. Sentencing -The defendant has the right to
be sentenced in no less than two (2) but no more than forty-five (45) days. The defendant has the right to waive
time for sentencing and be sentenced immediately if he or she chooses. In some cases, a judge will require the defendant to
meet with a probation officer prior to sentencing to get a pre-sentence report. The pre-sentence report is a recommendation
by the probation department for what type of sentence is appropriate for the defendant. At sentencing, the court will hear
recommendations from probation, the prosecutor, and from the defendant and his attorney. None of these recommendations are
binding on the court and the judge makes the final determination as to the sentence to be imposed.
6. Felony Court Process
1. Initial Appearance - The Initial Appearance is
the first hearing in a felony case. The Initial Appearance is normally schedule within a few days or weeks of formal charges
being filed. At the Initial Appearance, the judge can address the issue of bail or release, if the defendant is in jail. The
judge will also verify that the court has your correct information such as name, date of birth, address, etc. Most importantly,
the purpose of the Initial Appearance is to provide the Defendant and his or her attorney with a copy of the Information or
formal charging document and advise the defendant of the charges that have been filed against him or her. The judge will then
set the next court date for the Roll Call Hearing.
2. Roll Call - The purpose of the Roll Call is
for the defendant to advise the judge as to whether he wishes to have preliminary hearing. Some cases have more than one roll
call. The Roll Call also provides an opportunity for the defense attorney to negotiate with the prosecutor to see if a plea
agreement can be made. If a plea agreement is reached, the defendant will waive his right to a preliminary hearing. If a plea
agreement is not reached, the court will set a date for a preliminary hearing if the defendant desires one.
3.
Preliminary Hearing - The preliminary hearing serves several purposes.
First, the preliminary hearing is a sort of screening mechanism. At a preliminary
hearing, the rules of evidence are not strictly adhered to. Particularly, hearsay evidence is admissible. At the preliminary
hearing, the prosecutor must present enough evidence to establish that probable cause exists to believe that a crime was committed
and that the defendant was the person who committed the crime. The prosecutor does not have to prove the case beyond a reasonable
doubt, that is the standard of proof at trial. If the judge is convinced that probable cause exists to believe that a crime
was committed and that the defendant committed it, the case will be bound over for trial.
The second purpose served by the preliminary hearing is that is serves as
a method of discovery for the defense. The preliminary hearing allows the defense attorney a sort of sneak peak at the prosecution's
case. A skilled defense attorney can learn a great deal about the prosecution's case at the preliminary hearing. The defense
attorney is allowed to cross examine the prosecution witnesses and can even present his own witnesses, if he chooses to. It
is very rare for the defense to call any witnesses to testify at a preliminary hearing. Since the preliminary hearing is on
the record, the witness's preliminary hearing testimony can be introduced at a later trial to impeach the credibility of a
witness whose trial testimony is inconsistent with his or her preliminary hearing testimony.
4. Arraignment
- After a case has been bound over from the Preliminary Hearing, an Arraignment is scheduled. At this hearing, the
defendant is required to enter a plea of guilty or not guilty. If you enter a plea of guilty the case will be scheduled for
sentencing. If you plead not guilty, your case will be scheduled for a Pre-trial Conference.
5. Pre-trial
Conference - At the pre-trial Conference your attorney can discuss your case with the prosecutor and can again attempt
to negotiate a reasonable plea agreement. If you are unable to reach a plea agreement, the pre-trial conference can be used
to schedule further hearings in your case or a trial date.
6. Motion/Suppression Hearing - A skilled
attorney may be able to file Motion to Suppress asking the court to suppress some or all of the evidence or a Motion to Dismiss
asking the court to dismiss the case in its entirety. If the Motion is granted a case can be dismissed or seriously weakened.
There may be several motions which can be filed depending on the facts of your case.
7. Trial - If
your are unable to negotiate a satisfactory plea agreement and your case is not dismissed on a Motion to Suppress or Motion
to Dismiss, you have the right to have your case tried before a judge (bench trial) or a jury (jury trial). The size of the
jury is determined by the most serious charge filed against you in your case. At the trial the prosecution will be required
to present witnesses and evidence that supports the charges against the defendant. At trial the prosecution has the burden
of proving the defendant is guilty beyond a reasonable doubt. In order to convict, all members of the jury must agree to find
the defendant guilty, this is called a unanimous verdict.
8. Appeal - If you are found guilty,
you have the right to appeal your conviction. There are many different reasons for filing an appeal and it is important that
you have a skilled attorney review your case and determine which grounds for appeal will have the greatest likelihood of success.
You may be able to appeal the denial of a motion to suppress or an error at trial. In some cases, a successful appeal will
result in a dismissal of the case, in others it may result in a new trial. Regardless of the basis of appeal, a written Notice
of Appeal must be filed within 30 days of the conviction and/or sentencing. Along with the Notice of Appeal, a Petition for
a Certificate of Probable Cause can be filed asking the court to stay the imposition of the sentence that was imposed until
the appeal has been decided.
9. Sentencing - If you are convicted or enter a plea of guilty pursuant
to a plea agreement, the defendant has the right to be sentenced in no less than two (2) but no more than forty-five (45)
days. The defendant has the right to waive time for sentencing and be sentenced immediately if he or she chooses. In some
cases, a judge will require the defendant to meet with a probation officer prior to sentencing to get a pre-sentence report.
The pre-sentence report is a recommendation by the probation department for what type of sentence is appropriate for the defendant.
At sentencing, the court will hear recommendations from probation, the prosecutor, and from the defendant and his attorney.
None of these recommendations are binding on the court and the judge makes the final determination as to the sentence to be
imposed.
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