When police answer a call claiming that a crime has been committed, further investigation may render no cause for an arrest and the entire incident may just have been a misunderstanding, but if an arrest is made the matter becomes a criminal case. There are several ways that the case can be concluded stretching from the charges being dropped to it going forward to a jury trial.
Deciding factors will differ for every particular case. After conferring with his attorney a defendant may choose to plead guilty to the crime he has been accused of in order to get a more lenient sentence. If the prosecution and defense can agree to a plea bargain the case will end right there.
Another scenario may revolve around the initial investigation. If any police procedures were taken outside the rules of arrest or if evidence was gathered during an illegal search it will be ruled unlawful and charges against the defendant could be dropped altogether. This falls under the legal term “search and seizure.”
In accordance with the search and seizure law, certain rules of conduct must be followed when officers search the home or property of a citizen. If the search is performed without a warrant signed by a judge any evidence found must be disregarded. If however the police officers have a legitimate reason to believe that the defendant did indeed commit a crime, the search may be legal even though there was no warrant issued. There are determining considerations in every case.
If the case does come to trial it may be heard before a judge or the guilt or innocence of the defendant may be decided by a jury. Either way both the prosecutor and the defense attorney will present evidence and/or produce witnesses to support their arguments. If the judge or jury finds the defendant guilty he may be remanded to custody or allowed to remain free on bail until the sentencing hearing. At this point the defendant’s attorney can enter an appeal to the judgement.
Parker Lawyers is an established law firm in parker, CO. Contact them for help with any legal matters that you may be dealing with. Call 303-841-9525.