Once you hire a criminal defense lawyer, you hope for an advocate to help navigate the criminal justice system. Unfortunately, hiring a defense attorney is only the beginning of a long and challenging journey. Understanding the criminal justice process can help you better navigate this path.
Statistics show that when federal prosecutors bring charges, sentencing follows more than six out of ten times. Judges often conclude hearings with, “I sentence you to the custody of the Attorney General.”
If federal judges lack knowledge about post-sentencing, defendants are even less informed. Many defendants do not fully understand how they entered the system.
How Does It Start?
Few Americans grasp the complexities of the criminal justice system. Most know that police arrest people, district attorneys prosecute, and some convicted individuals go to jail. It is more complex than that.
When I was in trouble, I did not understand the system and did not consider my actions criminal. That lack of preparation and understanding hurt me. I am not alone. This system is a beast led by government bureaucrats who want to advance their careers, and to do that, they need convictions. Understanding criminal justice proceedings is crucial for better communication and preparation.
Law enforcement officers and prosecutors work together to prosecute crimes, sometimes operating outside the rules to secure convictions. Defendants should anticipate this and approach their cases methodically, learning as much as possible to engineer the best outcome.
In prison, I read Machiavelli’s quote, “Fortune favors the bold.” To thrive through this process, you must be informed and take bold action. Understanding government stakeholders, putting yourself in their shoes, and then acting boldly to change the narrative. If sentencing is likely, do all you can, boldly, to prove why you are worthy of leniency. As Seth Godin wrote, be that purple cow that stands out.
Structure of Criminal Justice Proceedings
The U.S. has several criminal justice systems:
- Federal system
- State systems
- Military system
- District of Columbia system
Law enforcement follows prescribed procedures when charging citizens. Criminal proceedings can be complex but can be understood better by viewing the system as a game, with law enforcement and prosecutors as opponents, and the judge as the referee ensuring due process.
Steps in Criminal Justice Proceedings
- Reporting a Crime: The process begins when law enforcement learns of a crime through observation, reports, investigation, or interrogation.
- Pre-Arrest Investigation: Law enforcement investigates to confirm the crime, identify the perpetrator, gather evidence, and make an arrest.
- Arrest: Suspects are taken into custody, sometimes with an arrest warrant, and may face a public spectacle or search of their person and property.
- Booking: Suspects undergo booking procedures, including fingerprinting, photographing, and possibly being held until a bail hearing.
- Post-Arrest Investigation: Law enforcement may continue investigating to build a stronger case against the suspect.
- Deciding to Charge: Prosecutors review evidence to decide if charges are warranted, considering factors like evidence sufficiency and witness reliability.
- Filing the Complaint: Prosecutors file a complaint, officially making the suspect a defendant in a criminal proceeding.
- Magistrate Review: A magistrate judge reviews charges and determines probable cause for detention.
- First Appearance: Defendants appear before a judge to be informed of charges and rights, and bail may be set.
- Bail: Judges determine bail conditions based on crime severity, criminal history, flight risk, and community ties.
- Preliminary Hearing: A magistrate judge reviews the case to decide if it should proceed, and defendants may waive this hearing.
- Grand Jury Review: Federal felony prosecutions require grand jury review to determine sufficient evidence for trial.
- Arraignment: Defendants are formally charged and asked to plead guilty or not guilty.
- Plea Bargaining: Prosecutors may offer plea deals to avoid trial, aiming for guilty pleas.
- Pre-Trial Motions: Defense attorneys file motions to challenge charges or evidence and gather more information.
- Trial: Defendants have the right to a speedy trial, where a jury determines guilt based on presented evidence.
- Post-Conviction Proceedings: If convicted, further legal processes follow, including sentencing and potential appeals.
Understanding these steps can help defendants better navigate the criminal justice system and work more effectively with their lawyer.
Justin Paperny
P.S.Join our weekly webinar, schedule a Zoom or phone call with us, and grab a copy of Earning Freedom or Lessons From Prison. Let us guide you through this process with informed and bold actions to change your narrative and achieve the best possible outcome.
