8 Key Steps of a Criminal Case

Learn how your criminal defense attorney can help you at each of the 8 key steps in your case.

Are you a suspect in a criminal case? If so, the sooner you contact an experienced criminal defense attorney the better. After all, your attorney will provide vital help and guidance to protect your rights and secure the best possible outcome to your case. Each stage of the case brings unique opportunities for your attorney to help:

1. Arrest. If a law enforcement officer has probable cause to believe you have committed a crime, they may arrest you. If this happens, your best course of action is to state that you wish to exercise your right to remain silent, and you will not answer any questions without your attorney present. This will help ensure you do not inadvertently incriminate yourself when speaking to the police.
2. Bail. In our justice system, every individual is presumed innocent until proven guilty. Because innocent people don’t belong in jail, most individuals will be allowed the opportunity to post bail, allowing them to be released from custody until their trial. At Chambers Law Firm, we have an excellent record of helping our clients to secure an affordable bail bond so that they can get out of jail fast.
3. Formal Charges. The next stage in a criminal case is for the prosecution to file formal criminal charges against you. Sometimes, Dan E. Chambers’ early and aggressive intervention at this stage can prevent charges from even being filed. Dan served as a prosecutor for many years and still has credibility with former colleagues.
4. Investigation and Discovery. A thorough evaluation of the evidence in the case is obviously central to a criminal defense attorney’s job. During the investigation and discovery phase of your criminal case, your attorney will carefully review all the prosecution’s evidence, including police reports, lab results, photos, and physical evidence. Then, they may conduct their own investigations to secure evidence contradicting or casting doubt upon the prosecution’s evidence.
5. Motions. If the police made procedural errors in your arrest or in evidence gathering, your criminal defense attorney can file various motions to suppress any illegal evidence. For example, if you made a coerced confession, if you were interrogated without being Mirandized, or if police searched your property illegally, your attorney should definitely file a motion. If a key piece of the prosecution’s evidence gets thrown out, they may have to drop the charges against you.
6. Negotiation and Settlement. In some cases, it may be to your advantage to waive your right to a trial in favor of a plea agreement that would guarantee you a reduced charge or a reduced sentence. For example, one common plea deal is to settle a DUI case as a “wet reckless,” which results in less severe penalties than a DUI conviction would.
7. Trial. If a plea deal is not reached, the next step in your criminal case would be the trial. It is absolutely essential to have an experienced trial attorney like Dan E. Chambers on your side who will aggressively pursue every possible opportunity to swing the case in your favor. This may include contesting unfavorable juror selections, making objections to unfair tactics used by the prosecution, and presenting a strong and convincing closing argument.
8. Sentencing. If you are found guilty during the trial, the next step is sentencing. For many defendants, this is the last step in their criminal case. However, if you have reason to believe that justice was not served in your case, or if you qualify for resentencing under Prop 47, your criminal defense attorney can continue to be of service by preparing an appeal for you.