Criminal lawyer can help you throughout your trial with great results
Criminal lawyer in Boise and Nampa ID explains what to expect in your trial. If you are facing criminal charges in Idaho, you may be wondering what the trial process will look like and what your rights and options are. A criminal trial is a complex and serious matter that can have lasting consequences for your future. Therefore, it is important to understand the basic steps and procedures involved in a criminal trial and to have a qualified and experienced criminal lawyer to represent you and protect your interests.
Types of Criminal Cases
There are two main types of criminal cases in Idaho: misdemeanors and felonies. A misdemeanor is a charge that can result in a fine or jail time for up to one year. A felony is a charge that can result in prison time for more than one year. Misdemeanors are handled by lower-level judges, and felonies are handled by higher-level judges.
Initiation of Criminal Cases
Generally, criminal cases are started by the filing of a complaint based either on a police investigation or a citizen’s accusation. A complaint is the document that formally accuses the defendant of a crime. It is signed by the victim or other accuser, who must show reason to believe that the defendant committed the crime.
Once a complaint has been filed, the court may issue either a warrant or a summons for the person charged. A warrant allows any police officer to arrest the person and bring him/her to court. A summons requires the person to appear in court at a certain time.
First Appearance
After being arrested or summoned, the defendant must appear before the court. The first appearance is a hearing where the defendant is informed of his/her rights and the procedure that will be followed. If the defendant does not have an attorney, he/she is given a chance to get one if desired. If the defendant cannot afford an attorney, the court will decide whether or not to appoint one for him/her after looking at his/her financial situation.
The first appearance is not the same as an arraignment. An arraignment is where the defendant enters a plea of guilty or not guilty. A defendant charged with a felony cannot enter a plea at the first appearance but must do so at the arraignment. The first appearance always takes place in the lower-level court. In misdemeanor cases, the first appearance and arraignment are combined so that the judge takes the defendant’s plea and sets the case for trial if needed.
Preliminary Hearing
In felony cases, the defendant must decide if he/she wants a preliminary hearing. If the defendant requests a preliminary hearing, one is scheduled within the time limits set by law; however, the defendant can waive these time limits if he/she wants to.
A preliminary hearing is only for felony cases and is held before a lower-level judge. At this hearing, the prosecutor presents evidence to show that there is reason to believe that a crime was committed and that the defendant did it. If the prosecutor succeeds in showing that, then the defendant is “bound over” to the higher-level court for further action.
Indictment or Information
A felony case can also be started by an indictment or an information. An indictment is a formal charge issued by a group of citizens called a grand jury after hearing evidence from the prosecutor. An information is a formal charge filed by the prosecutor without involving a grand jury. Both an indictment and an information must contain enough facts to tell the defendant what he/she is accused of.
Arraignment on Indictment or Information
After being bound over from lower-level court or indicted by a grand jury, a defendant charged with a felony must appear before the higher-level court for arraignment on indictment or information. At this hearing, the defendant is informed of his/her rights and the charges against him/her and asked to enter a plea of guilty or not guilty. If the defendant pleads not guilty, then the case proceeds to trial preparation.
Here is a possible continuation of the rewrite:
Pretrial Conference and Mediation
Before trial, the parties may have a pretrial conference with the judge to discuss the issues and evidence in the case and to explore the possibility of a plea bargain or a settlement. A plea bargain is an agreement between the prosecutor and the defendant in which the defendant pleads guilty to a lesser charge or to fewer charges in exchange for a reduced sentence or other benefits. A settlement is an agreement between the parties to resolve the case without a trial.
The parties may also participate in mediation, which is a process where a neutral third party helps them to communicate and negotiate with each other in order to reach a mutually acceptable resolution. Mediation is voluntary and confidential, and the mediator has no power to impose a decision on the parties.
Trial
If the case is not resolved by a plea bargain, a settlement, or a dismissal, then it goes to trial. A trial is a formal proceeding where the parties present their evidence and arguments to a judge or a jury who decides whether the defendant is guilty or not guilty of the charges.
The defendant has the right to choose whether to have a trial by judge or by jury. A jury trial is where a group of citizens selected from the community hears the case and renders a verdict. A judge trial is where the judge alone hears the case and renders a verdict.
The trial follows a basic structure:
- Opening statements: The prosecutor and the defense attorney give an overview of their case and what they intend to prove.
- Presentation of evidence: The prosecutor presents evidence to prove that the defendant committed the crime beyond a reasonable doubt. The evidence may include witnesses, documents, physical objects, photographs, videos, etc. The defense attorney may cross-examine the prosecutor’s witnesses and challenge the prosecutor’s evidence. The defense attorney may also present evidence to show that the defendant is not guilty or that there are mitigating circumstances. The prosecutor may cross-examine the defense’s witnesses and challenge the defense’s evidence.
- Closing arguments: The prosecutor and the defense attorney summarize their case and explain why their evidence supports their position.
- Jury instructions: If there is a jury trial, the judge instructs the jury on the law that applies to the case and how to evaluate the evidence.
- Deliberation and verdict: The jury or the judge deliberates on the evidence and reaches a verdict of guilty or not guilty. If there is a jury trial, the verdict must be unanimous. If there is a judge trial, the judge announces his/her verdict in court.
- Sentencing: If the defendant is found guilty, then the judge imposes a sentence according to the law and the circumstances of the case. The sentence may include fines, restitution, probation, community service, jail time, prison time, etc.
Work with the best Criminal lawyer in Boise and Nampa ID
A criminal trial in Idaho is a complex and serious matter that can have lasting consequences for your future. Therefore, it is important to understand the basic steps and procedures involved in a criminal trial and to have a qualified and experienced criminal lawyer to represent you and protect your interests.
Jacobson & Jacobson Law Firm, the best Criminal lawyer in Boise and Nampa ID, since 1982, is committed to serving the Boise and Nampa, Idaho areas for your top Criminal Defense, Personal Injury, Business Law, Estate Planning, Family Law, Immigration Law, and Litigation needs. Contact us today to get started. For a free 30-minute consultation, book here: https://calendly.com/jfj-1