Overview of the Criminal Process

Generally speaking, if you have found yourself charged with a crime, the following criminal process will apply:

"Immediate responses and effective litigation - Can't ask for better"
Allison, 2015

Arraignment

 

The first major step in the criminal process is the arraignment where you will be asked to enter a plea of guilty, not guilty, or no contest.  Bond may be reviewed at the arraignment, and if you are detained on bond it should be reviewed at each stage of the criminal process until you are released.

 

 

Pretrials

 

If you entered a plea of not guilty at the arraignment, a pretrial should be scheduled with the prosecutor.  At the same time, your criminal defense lawyer should demand the prosecutor provide the evidence they have against you.  At the pretrial, your lawyer will meet with the prosecutor, review the evidence against you, and argue your case.

 

 

Pleas

 

At the pretrial and each time your attorney meets with the prosecutor, he should attempt to explore whether there is plea deal that is agreeable to you and the prosecutor.  Your criminal defense attorney should also explore whether there are diversion programs available, which may require you to attend a class or treatment, after which the charges will be dismissed.  Throughout this process, your criminal defense lawyer should advise you of all of your options, including the benefits and risks of each choice, so you can make informed decisions and be in control, without feeling pressured to give up your rights to a trial.

 

 

Motions

 

Your criminal defense lawyer can file motions such as motions to suppress evidence that was unlawfully obtained by the police.  Hearings may be scheduled for the court to rule on whether evidence should be suppressed.

 

 

Trials

 

If the matter cannot be resolved without trial, your criminal defense lawyer should be prepared with the necessary trial lawyer skills to proceed through trial and give you the best possible opportunity to receive a not-guilty verdict.

 

Sentencing

 

If you have unfortunately received a guilty verdict, a sentencing hearing may be requested.  There are many options that may be pieced together to obtain the best sentence possible for you.  These may include a combination of community control sanctions, treatment or classes, community service, diversion programs, probation, fines, and as a last resort jail.  Generally at this hearing three people will make a recommendation for sentencing.  The prosecutor will make a recommendation.  The court will also have assigned an employee to make an investigation and give a recommendation.  Finally, your criminal defense lawyer will make a recommendation on your behalf and should have the knowledge and creativity required to not only recommend the least sentence possible, but to also argue and persuade the judge to adopt the least sentence possible.

 

At the end of the process, you should feel satisfied that you obtained the best possible resolution to your case, and were provided legal counsel that was fighting on your side, for your rights, with the experience and skill required throughout this complex process.  The criminal defense attorneys at Sivinski Law Offices will provide you with the aggressive, experienced, and effective legal representation to feel confident that your rights are being protected and served.

 

 

Expungement

 

It is often possible to expunge a criminal charge from your record one year after the date of discharge of your conviction.  This will includes time on probation or during a suspended sentence.  More precisely, expungement allows you to seal the records of convictions, dismissals, not guilty findings, and forfeitures.  There are limitations on who may have their record expunged.  For example, there are certain crimes that may never be expunged, and if you are convicted of other certain crimes this may prevent expungement.  However, if after a review of your record it is determined that you may be eligible to have your record expunged, an application for expungement can be filed with the court, after which the court's probation department will conduct and investigation and a hearing will be held for the court to determine whether to expunge.  While expunged records may still be used for very limited purposes such as sentencing for any future crimes, having a record expunged may be a valuable tool to remove barriers to jobs and credit.

 

 

What to Expect at a Criminal Pretrial

Free Consultation

Contact the Ohio Defense Attorneys at Sivinski Law Offices for a free consultation immediately, so we can start to protect your rights before they are lost.

Contact Us For A
Free Telephone Consultation

Submitting Form...

The server encountered an error.

Message received.  Thank you.

 

Sivinski Law Offices, ltd.

Suite 215

20545 Center Ridge Rd.

Rocky River, OH 44116

Phone: 800-641-1970

Fax: 855-241-0700

contact@sshllc.com

 

https://SivinskiLegal.com

Updated June 2017

Copyright 2015 - 2017

Brian J. Smith.
All rights reserved. 
Disclaimer & Privacy Policy

Ohio State Bar Association - OSBA
Clients Choice Criminal Defense Attorneys
Superb Litigation Attorneys
DUI Defense Lawyers Association
National College for DUI Defense
Catholic Attorneys

Sivinski Law Offices, ltd provides legal services throughout Ohio, from Cleveland to Toledo, including Sandusky, Akron, Vermilion, Huron, Elyria, Lorain, Port Clinton, Rocky River, Parma, Oak Harbor, Norwalk, Milan, Amherst, Sheffield, Avon, Oberlin, North Ridgeville, North Olmsted, Bay Village, Westlake, Cleveland Heights, Lakewood, Brook Park, Strongsville, Garfield Heights, Euclid, Medina, Maple Heights, Bellevue, Clyde and Berea, and within counties such as Cuyahoga, Lorain, Erie, Ottawa, Lucas, Portage, Sandusky, Seneca, Huron, Medina, Summit, Portage, Geauga County, Lake, Ashtabula.

Clients Choice Criminal Defense Attorneys
Superb Litigation Attorneys
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio State Bar Association - OSBA
Lorain County Bar Association
DUI Defense Lawyers Association
National College for DUI Defense
Cleveland Metro Bar Association - CMBA
West Shore Bar Association - WSBA
Ohio Employment Lawyers Association - OELA
Cleveland Metro Bar Association - CMBA
Ohio State Bar Association - OSBA
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
West Shore Bar Association - WSBA
Clients Choice Criminal Defense Attorneys
National College for DUI Defense
DUI Defense Lawyers Association
Superb Litigation Attorneys
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Cleveland Metro Bar Association - CMBA
National College for DUI Defense
DUI Defense Lawyers Association
West Shore Bar Association - WSBA
Ohio State Bar Association - OSBA
Lorain County Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
Superb Litigation Attorneys
Clients Choice Criminal Defense Attorneys
Master Card
Visa
Discover
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
Ohio State Bar Association - OSBA
Lorain County Bar Association
Cleveland Metro Bar Association - CMBA
National College for DUI Defense
DUI Defense Lawyers Association
West Shore Bar Association - WSBA
Superb Litigation Attorneys
Clients Choice Criminal Defense Attorneys
Master Card
Visa
Discover