WHAT HAPPENS IN A CRIMINAL CASE?
WHAT HAPPENS IN A CRIMINAL CASE?Nick Thornton, Fremstad Law Firm
Being charged with a crime is a scary and stressful experience, not only for the accused, but also for the person’s family and friends. Criminal defense lawyers, especially very good ones, not only represent clients in court but also try to reduce that fear and stress as much as possible. Knowing that my clients and their families are often scared and unfamiliar with the criminal justice process, my first meetings with a client are usually designed to gather information about the defendant and the case and to address two questions I know my clients are likely to ask: (1) How much trouble am I really in and (2) what happens next? I spend a lot of time addressing these issues because I think it makes the experience much less stressful.
Obviously the first question is incredibly fact-specific, and no general informational post like this can appropriately address that concern. However, as a general matter, it involves a discussion about the nature of the charge, the maximum and minimum penalties, collateral consequences, potential defenses or legal maneuvering, negotiated alternatives, the prosecutor’s recommendation, if known, and the likely outcomes at a motion hearing, trial, or sentencing. When a client understands what could happen and what is likely to happen given a particular situation, it puts the client in a better position to make informed decisions about the case.
In contrast, the second question is not all that fact-specific. The process is supposed to be uniform across the state, although there are some regional differences in procedure. This post outlines the general process set forth in the North Dakota Rules of Criminal Procedure.Pre-Charge Process
A lot happens in the criminal justice system before a case ever gets to the courtroom. First, something has to have happened to involve the system. Specifically, there needs to be a suspected violation of the law. Someone needs to have done something or been suspected of doing something illegal. This could be possessing some form of contraband like drugs, beating someone up, stealing something, or the like. After that, the suspected violation needs to come to law enforcement’s attention. In other words, it needs to be either reported to the police or observed by the police. Without that report or that observation, the criminal justice process never gets started. If law enforcement become aware of a violation, they will investigate it. Sometimes this investigation takes a matter of minutes; sometimes it takes weeks or months. Investigations may include gathering physical evidence from a crime scene, making personal observations, taking photographs, taking witness statements, and searching a person or place for evidence of a crime. Some searches require warrants. Some searches are based on an exception to the search warrant requirement. Based on that investigation, the officers then decide whether there is enough evidence (probable cause) to arrest the person or seek an arrest warrant. In most cases, the police arrest the person without a warrant. The officers also prepare written reports that are then sent to the prosecutor’s office for review. Ultimately, the prosecutor reviews these reports and decides which charges to file. The prosecutor then drafts a charging document called a Complaint or Information, which is then filed with the Court.
