how long does it take lawyer to get information about a criminal case

What is the process of a criminal case?

A criminal investigation is initiated by law enforcement. The defendant may be arrested or summoned into court and charged with a crime or crimes. At an initial hearing, a copy of the charges is given to the defendant, and the charges may be read to the defendant in open court.

Can a lawyer know you did the crime?

Although popular culture may detest the work that criminal lawyers do, the function of a lawyer is crucial in order to maintain justice and ensure fair outcomes for anyone that is facing legal charges. Truthfully, a defense lawyer almost never really knows whether the defendant is guilty or not of the charged crime.

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

Can you see evidence against me?

During a Federal Investigation If you're under investigation but haven't yet been charged, you don't generally have a right to see any evidence against you. It may be that your lawyer can reach out to the federal prosecutor - the AUSA - to try to get early access to the evidence, but that is subject to negotiation.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

Does a lawyer have to defend someone they know is guilty?

However, there are strict rules in place that govern the how legal practitioners conduct themselves when faced with such a dilemma. Can a Criminal Lawyer Defend Someone They Know is Guilty? A criminal lawyer can defend someone they know is guilty as long as they do not lie or knowingly mislead the court.

Who brings criminal cases to court?

The prosecutor appointed will bring the case against the accused, and you won't need a lawyer to take your matter to court.

Can police decide not to prosecute?

If the Crown Prosecution Service (CPS) or police decide not to charge a suspect then he will have no further action taken against him. A decision not to charge is sometimes called a decision not to prosecute or taking no further action ('NFA').

Can a prosecutor drop a case?

While it might not hurt to let the prosecutor know how you feel, the prosecutor cannot dismiss the charges without additional justification. A prosecutor can only drop charges with the approval of the judge. The judge will require more than the victim's wishes to allow the prosecutor to dismiss criminal charges.

What is the Brady rule?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

What type of evidence must always be turned over by the prosecutor?

What types of evidence must always be turned over by the prosecutor to the defense in virtually all jurisdictions? Exculpatory evidence is any evidence that may be favorable to the defendant.

Does the prosecutor have to disclose all evidence?

Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.

Who is entitled to know about the prosecution's case before trial?

The defense is entitled to know about the prosecution’s case before trial.

What is the first item of discovery a defense attorney receives?

The police report is sometimes the first item of discovery that a defense attorney receives. records—for instance, police personnel records, medical records relating to injuries, and witnesses’ criminal records.

What does the Constitution require the prosecution to disclose to the defense?

The Constitution requires that the prosecution disclose to the defense exculpatory evidence within its possession or control.

What are the federal and state discovery statutes?

Federal and State Discovery Statutes. Brady and the cases related to it provide what’s essentially a baseline for what prosecutors have to turn over to the defense. The federal system and many states have statutes that entitle the defense to more material. (Sometimes the defense must request this material.)

Who must disclose to the defendant?

The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:

Does discovery end before trial?

But the prosecution’s duty to hand over discovery is usually ongoing—it doesn’t end merely because a trial has begun.

Is missing evidence a whole?

According to the U.S. Supreme Court, the missing evidence is to be considered as a whole rather than piece by piece , but it’s material only if there’s a “reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.”. ( United States v.

How long does it take for a case to go to trial?

Again, there are no one-size-fits-all answers to the length of time the overall case may take once it goes to trial. Quicker cases can take a few months, while more complex ones can take a year or more.

How Long Does a Police Investigation Take?

An investigation will continue until authorities have gathered enough evidence to proceed forward with the case or decide that there isn’t enough evidence on which to proceed. This might involve waiting for the turnaround of forensic evidence or locating and interviewing witnesses, victims, or additional suspects. Investigation length may also depend on the caseload of the agency that’s conducting interviews and gathering evidence.

How do you know if you are under investigation?

Typically, the easiest way to know that you’re being investigated for a crime is that police will contact you to ask questions. The only exception to this will be if it’s an undercover investigation in which they’re trying to gather evidence without your knowledge.

What happens if you are not under arrest?

If you’re not under arrest, you don’t have to remain at the police station and continue talking to them if you wish to leave. Remember that any information you voluntarily provide without an attorney present can still be used in a case against you.

Can a criminal defense attorney waive the right to a speedy trial?

For instance, if the defending attorney needs more time to gather evidence or investigate witnesses, they may file to waive the right to a speedy trial to buy more time. Your experienced criminal defense attorney will know which motions to file in order to have enough time to build a strong defense.

Can you give police information without an attorney?

Never give any information to police without having your attorney present to advise you. Even if you’re not guilty, you may inadvertently give damning evidence that may be twisted and used against you. A criminal defense attorney is familiar with the way these kinds of cases work and what needs to happen to provide you with a quick resolution and positive outcome.

Should I Simply Go in and Attempt to Explain Everything?

One of the top misconceptions about being arrested or investigated on criminal charges is that the police are there to help you and if you’re under suspicion simply explain everything, the case will just go away.

How does a warrant work?

Once a warrant is issued, it goes into a database that police use to track whether people have warrants and check people’s criminal records. Depending on how serious the particular case is, the police can then assign officers to try to find the person who has the warrant.

Why is a felony warrant considered a serious charge?

A felony warrant is just a more serious warrant because it’s a felony charge. Most of the time, people could potentially face prison time on these charges. The police are a lot more likely to go out and find someone who has a felony warrant because they perceive that person as more dangerous.

Can a prosecutor review a case?

Other circumstances where prosecutors are reviewing cases is if they can’t find the person and now the police want a warrant issued for their arrest. They can go to the prosecutors, have the prosecutors review the case, file the case, and then the police can put a warrant into the system for that person’s arrest.

Can a criminal defense attorney prevent charges from being filed?

Can your criminal defense attorney prevent charges from being filed? Under the right circumstances, your attorney may be able to present, to the prosecutor who’s going to make the decision whether to file the case, evidence that they do not have.

Can an attorney present evidence that the prosecutor does not have?

Under the right circumstances, your attorney may be able to present , to the prosecutor who’s going to make the decision whether to file the case, evidence that they do not have . Sometimes, police do a one-sided investigation where they’re not looking at things that might exonerate a potential criminal defendant.

Can prosecutors file lesser charges?

There might be another story that the prosecutors don’t have, that they can consider. If we can provide that to the prosecutors, they may choose not to file charges or to file a lesser charge.

What is the process of criminal court?

The criminal court process begins with an arrest. In some instances, local law enforcement will begin an investigation and collect evidence related to the case. When they believe they have probable cause to make an arrest, they will submit their findings to a judge who will issue a warrant. In other instances, the alleged crime may have been ...

What happens at a criminal trial?

During a criminal trial, the prosecutor must prove, beyond a reasonable doubt, that the defendant committed the crime. The defendant’s lawyer will challenge the evidence presented by the prosecutor. If the judge or jury hearing the case finds the defendant innocent, the trial ends .

What happens after a misdemeanor is arraigned?

The Arraignment. After the prosecutor has issued charges, the defendant will be scheduled for an arraignment. During this process, a judge will explain the charges to the defendant and the penalties for a conviction. If the defendant is charged with a misdemeanor, they enter a plea of guilty or not guilty at the arraignment.

What happens if you are charged with a misdemeanor?

If the defendant is charged with a misdemeanor, they enter a plea of guilty or not guilty at the arraignment. The defendant and their attorney can also go into a pretrial conference with the prosecutor to attempt to negotiate a plea deal and resolve the case before going to trial. In felony cases, the defendant does not enter a plea at ...

What happens if you have enough evidence to prove a crime was committed?

However, if they believe they have enough evidence to prove a crime was committed, they will move forward with the case. They may proceed with charges as originally submitted or with additional charges if the evidence demonstrates other offenses were committed.

Who is responsible for reviewing the case information and determining if there is sufficient evidence to prosecute?

Law enforcement will submit a charging request to the Prosecuting Attorney (PA), who is responsible for reviewing the case information and determining if there is sufficient evidence to prosecute. The PA might decide to drop the charges if there is insufficient evidence.

Can an officer arrest a suspect immediately after a crime?

In other instances, the alleged crime may have been committed in the presence of an officer, and they might arrest the alleged suspect immediately after the offense occurred.

How Long Does it Take for a Case to Appear on a Court Website Docket

My question involves business law in the state of: Nevada A friend of mine has a business that was sued in Nevada (apparently). I have searched on California's Pacer service and I have searched on Nevada's site and still the case does not appear. The lawyer emailed my friend a copy of the complaint. It's been almost 2 months.

Re: How Long Does it Take for a Case to Appear on a Court Website Docket

You can inquire with the clerk to determine how frequently the website is updated, and to verify whether a case was filed but for some reason doesn't appear through the website.

What to do if you have been charged with a crime?

If you've been charged with a crime, you're entering the world of the criminal justice system. In this world, an experienced attorney is critical to help manage your case and obtain the best possible outcome. Many defendants will be able to get a public defender to represent them at no cost, but others may not qualify financially ...

Do you have to be competent to represent yourself in a criminal trial?

You must be legally "competent" before a judge will allow you to represent yourself in a criminal trial.

Can a defendant get a public defender?

Many defendants will be able to get a public defender to represent them at no cost, but others may not qualify financially or prefer to hire a private attorney. In this section we'll explain who can get free legal representation, and who must (or should) hire their own criminal defense attorney.

Do lawyers keep their confidences?

Your lawyer must keep your confidences, with rare exceptions.

Can an attorney give advice?

While attorneys can give advice, clients have the ultimate right to make most of the important decisions relating to their case, with very few exceptions. More See all Working With Your Criminal Defense Lawyer Topics. See More Working With Your Criminal Defense Lawyer Articles.

What Are the Steps to File a Criminal Complaint?

In general, the criminal complaint procedure will typically entail the following steps:

How to check the status of a criminal complaint?

A defendant can do this by contacting an attorney for help, calling the clerk’s office, and/or by visiting the website for the court’s filing system and reviewing it online.

When Are Criminal Complaints Used?

Not all criminal matters will require a government attorney to file a criminal complaint in court. Whether or not a criminal complaint needs to be filed will primarily depend on two key factors, which include:

What Should Be Included in a Criminal Complaint for It to Be Valid?

There is certain information that should be included in a criminal complaint in order for it to be valid. However, the type of information that must be included to make it legally enforceable may vary by jurisdiction. In general, for a criminal complaint to be valid, it should contain the following information:

What If a Criminal Complaint Contains Errors?

In the event that a criminal complaint contains an error or fails to comply with the requirements discussed above, then it may be possible to have the case dismissed and the charges dropped. For example, if a complaint does not demonstrate that there is probable cause to believe that a particular suspect committed a specific crime, then this could be grounds for a dismissal.

What information is needed to make a criminal complaint enforceable?

In general, for a criminal complaint to be valid, it should contain the following information: A description or list of all the criminal charges that the prosecutor is filing against the suspect; The date of when the crime (or crimes) was ...

What is an indictment in criminal law?

For instance, similar to a criminal complaint, an indictment lists the formal charges being brought against a suspect as well as the justifications for those charges. Unlike a criminal complaint though, a grand jury will be the party who decides whether a case should proceed to trial; not the prosecutor. Additionally, an indictment can only be ...

How long does it take to get arrested for a misdemeanor?

For misdemeanor offenses, you are almost always going to see an arrest made, if at all, within the first month or so.

How long can you be charged with a federal crime?

There are limitations on when you can be charged with a federal offense. Most of the time, the limit is five years from the date of the offense. If you haven’t been formally charged after a five year period you are probably in the clear.

What do you learn about an investigation?

You might learn about an investigation when a police report is filed against you, after a search warrant, or when an investigator comes to talk to you. There is a lot of activity at first. If you do what smart people do at this stage you hire a lawyer. You gear up to enforce your rights.

Can a criminal investigation make you feel like your life is on hold?

It very well might be. A criminal investigation can make it hard to move on with employment, family decisions, vacations, everything. And worst of all is that you are waiting on bad news.

Can you be charged with murder if you shoot someone?

For example, if you shoot someone and they live for a year in the hospital on life-support before dying you can be charged with murder. If they live for four years then you can’t be charged with murder. Many times the final step in the investigation is when the police reach out to the accused.

Do police announce when a case is closed?

Law enforcement almost never announces when they have closed a case or determined that someone is no longer a suspect. There can be some exceptions, and we do have examples of police investigators telling us when it’s over, but this is not the general rule.

Is there a time limit for a criminal investigation in South Carolina?

In South Carolina there are no time limits on criminal investigations. This is because there is no time-limit on when the police can charge or arrest you for a criminal offense. Stole a candy bar in 1987? Technically you could be arrested for that today.

What is the process through which defendants find out about the prosecution's case?

Discovery is the process through which defendants find out about the prosecution's case. For example, through standard discovery procedure, they can: get copies of the arresting officers' reports and statements made by prosecution witnesses, and. examine evidence that the prosecution proposes to introduce at trial.

Can Vy's lawyer see the videotape?

Vy's lawyer demands to see the videotape and all the prosecutor's trial memoranda. Discovery rules allow Vy's lawyer to see the videotape. But the prosecutor won't have to turn over the memorandum. The memo is the prosecutor's work product because it contains strategic analysis.

Is there a particular period of time prior to trial when the defense is supposed to engage in discovery?

Not really. Prosecutors can't disclose all discovery on the eve of trial, but on the other hand, they don't have to divulge it all way ahead of time. Discovery can unfold gradually. For example, a defendant's attorney might receive a copy of the police report at the first court appearance, but might not receive a prosecution expert's written analysis of blood evidence until shortly before trial.

Can prosecutors hand over witness statements?

In the past, prosecutors could guard evidence from defendants with the same fervor toddlers show in protecting toy trucks and dolls from their siblings. Defendants couldn't force prosecutors to hand over witness statements or even reveal the names of their witnesses. Now the view that advance disclosure will promote fairer trials has taken hold—if defense attorneys know ahead of time what to expect, they can better defend their clients.

Can a prosecutor examine evidence?

Traditionally, the prosecutor wasn't entitled to information about a defendant's case. But in recent years, discovery has become more of a two-way street. Just as defendants can discover information from prosecutors, so too can prosecutors examine certain evidence in the hands of defendants.

Do you have to turn over work product to a defendant?

The latter is called "work product.". Prosecutors don't have to turn over their work product to defendants —otherwise, it just wouldn't be fair.

Are discovery rules really intended to help defendants at trial?

Not exclusively. Sure, advance disclosure promotes fairer trial outcomes, but it also promotes case settlement, which saves judicial time and resources. If a guilty defendant finds out before trial that the prosecution has a particularly strong case, that defendant will be more likely to plead guilty and save the government the hassle of trying the case. Discovery is likely a significant reason why at least 90% of criminal cases settle before trial.

Types of Discovery

• A police report is a common example of discovery. (However, the law might not require disclosure of police reports in all states.) A typical one will contain the names of any victims or witnesses, reports of statements by such people, observations by the officer, and more. The police report is sometimes the first item of discovery that a defense at...

See more on lawyers.com

The Right to Discovery: Brady Material

Federal and State Discovery Statutes

Questions For Your Attorney

The Arrest

The Prosecuting Attorney’s Investigation

The Arraignment

The Trial

Call The Law Offices of Keith J. Nedwick, P.C. at (866) 590-8173

• If you are facing charges, contact our team for superior legal representation. We have a combined 50 years of legal experience adeptly handling the criminal court process. Our lawyers are committed to providing you with the personalized attention your case deserves. Call us at (866) 590-8173 or contact us onlinefor a free meeting.

See more on lawofficesofkeithnedwick.com