Criminal cases are famously complicated. From the moment a person is arrested, the wheels of the justice system begin turning, and the system is full of complex legal procedures. If you are charged with a crime, you need a lawyer who can help you navigate these procedures and build the best defense possible.
A lawyer can help you not only navigate complex legal procedures but also use these procedures to boost your defense. The best time to present certain evidence or make certain arguments may depend on the legal procedures we must navigate. Your attorney should also help you prevent legal errors that could set your case back or hurt your defense. Remember, legal procedures exist before, during, and after your criminal trial, and you should have a lawyer with you every step of the way.
Ask our procedural representation lawyers for a free, confidential legal evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956.
How an Attorney Can Assist You Through Criminal Procedures
While criminal defendants are allowed to represent themselves in all legal proceedings, it would be unwise to do so. Navigating complex legal procedures throughout a criminal trial will be difficult, and you should have a seasoned lawyer help you.
Legal Strategy
Your attorney can develop an effective legal defense around criminal procedures. You do not necessarily have to fight your charges in a trial. Your attorney might have information and evidence they can use, but plan to use it at a specific hearing to maximize your defense.
For example, if your lawyer has evidence that one of the prosecutor’s witnesses is lying, they may strategically present this evidence at a preliminary hearing, where the charges against you might be severely weakened.
Preventing Mistakes and Errors
You might not know much about legal proceedings or how criminal trials must proceed through the court system. If you handle your case alone, it is all too easy to make mistakes.
In criminal trials, simple mistakes could cost you everything. Your lawyer can help you make sure mistakes do not happen, and any evidence you have supporting your defense is used to its maximum potential.
Using Criminal Procedure to Your Advantage
Criminal procedure may be used to your advantage. These procedures are often very strict and occur in a very specific order, making the progress of a case somewhat predictable. Your attorney should be able to determine the right time to use certain evidence or legal tactics based on legal procedures.
For example, if you have evidence of an alibi, your attorney can bring this up during an early pretrial hearing. If successful, your entire case could end very early, saving you a lot of time, effort, and frustration. In other cases, the right time to use evidence might be during the trial, when it is too late for prosecutors to pivot or develop alternative legal tactics.
Pretrial Criminal Procedures in Atlantic City
There are numerous legal procedures to navigate during a criminal trial, and your attorney should help you at each step. Below are some key procedures to follow, though others may apply in your case.
Arraignments and Bail
The arraignment is the first formal hearing in a criminal trial, and it is when the court officially informs the defendant of the charges against them. The defendant will have the opportunity to enter a plea. This is often a shorter hearing, but it is crucial.
At your arraignment, the judge may also determine bail. In most cases today, judges avoid imposing cash bail, so you might not have to pay any money. However, there may be restrictions on your movements and privileges, and a violation could land you in serious trouble.
Preliminary Hearings
In New Jersey, a preliminary hearing only occurs if a defendant is charged with a felony. At this hearing, the prosecutor must present enough evidence or probable cause to warrant holding the defendant for a trial.
This is a key hearing. If our procedural representation lawyers can undermine the prosecutor’s evidence, they might not present sufficient probable cause to hold you for trial, and the case might be dismissed.
Discovery Phase
Another major legal procedure during a criminal trial is the discovery phase. This is often a lengthy part of the trial and requires the prosecution to turn over the relevant evidence in their possession.
At this phase, your lawyer’s experience and skill will come in handy. Your attorney should know what kind of evidence to look for and what the prosecutors may be withholding illegally. If prosecutors fail to exchange certain evidence, especially “exculpatory evidence” that would tend to prove your innocence, they can be sanctioned and the case may even be thrown out or overturned on appeal.
Legal Procedure During and After a Criminal Trial
The trial itself is full of complex procedures, and they do not stop once the trial is over. Legal procedures must be followed after a trial, during things like sentencing or post-conviction motions.
The Trial
The trial itself is a minefield of legal procedures. There are strict rules regarding how to present opening arguments, evidence, direct and cross-examination, and closing arguments. If an attorney steps out of line by accident or otherwise, the judge will come down on them like a ton of bricks. Navigating a trial on your own would be extremely unwise.
Post-Conviction Motions
After a trial is complete, your attorney may file post-conviction motions if you were convicted. These motions may apply to how sentencing will be handled or argue that the court’s judgment should be altered.
Appeals Process
After a defendant is convicted and sentenced, their attorney may quickly file a direct appeal. This is not only a very sensitive process, but a fast one. Appeals must be filed within 45 days of the final judgment and spell out the legal errors your lawyer believes occurred that caused an unfair or unjust outcome.
The appeals process is entirely different from the trial and occurs in a separate court. These are different procedures to navigate, and you need a lawyer’s help.
FAQs About Criminal Procedures in an Atlantic City Criminal Case
What Are Typical Legal Procedures in Criminal Cases in Atlantic City?
Typical legal procedures involve arraignments, preliminary hearings, discovery, the main trial phase, sentencing, and post-conviction motions or appeals. Remember, the process is often long, and there are strict rules to follow at every stage.
Do You Need a Lawyer Before Your Criminal Trial?
Yes. If you are arrested, call a lawyer for help immediately. If you do not have a lawyer by the time of your first hearing, usually the arraignment, you may ask the judge for a continuance to give you time to find a lawyer.
When Do Legal Procedures in a Criminal Trial Begin?
Legal procedures begin almost immediately upon your arrest. Even the arrest process and police questioning must follow strict legal procedures that you might not be aware of.
Why Are Legal Procedures in Criminal Cases So Important in Atlantic City?
Legal procedures are important because they maintain consistency in the criminal justice system across all cases, helping ensure fairness and due process for defendants. Remember, we are not the only ones who must abide by criminal procedures. The court and prosecutors must play by the same rules.
What Happens if You Make a Mistake During a Criminal Case?
Procedural mistakes are not uncommon, and even seasoned attorneys can make them. While courts may show leniency for minor mistakes, they may not be so merciful when it comes to larger errors. For example, if you do not file an appeal on time, you might be barred from doing so. Courts often do not give second chances, so it is important to hire an experienced lawyer who can get it right the first time.
Ask Our Atlantic City Criminal Procedural Representation Attorneys for Help with Your Case
Ask our procedural representation lawyers for a free, confidential legal evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956.
