what stage of a case a defence lawyer get all the reports

Full Answer

How does a criminal defense attorney gather information?

A defense attorney gathers information through several means, including: Open and collaborative communication with his or her client to obtain a thorough personal and criminal history and to ascertain the client’s mental capacity/state of mind, timeline of the crime, and relationship with the victim.

What happens at the post trial stage of a case?

Post-trial stage: appeals. The party who loses the case, or the party against whom a ruling or verdict was issued, has the right to appeal the case to a higher court. Losing parties waive this right if they don't file their notice of appeal within 30 days after the entry of judgment in the case.

How does the defense present a case?

The Defense’s Case The defense may then present a case in a manner similar to the prosecution. The defense is never required to put on any evidence, and often will not, but will instead rely on the fact that they don’t believe the prosecution has met the burden of proof.

How do the best criminal defense lawyers develop the theory of Defense?

The best criminal defense lawyers utilize a team approach when developing a theory of defense; brainstorming and thinking outside the box alongside other expert attorneys leads to the most effective and innovative defense strategies.

What are the stages of civil court?

How long does a defendant have to answer a lawsuit?

What happens when a plaintiff calls witnesses?

What is the opening statement of a trial?

What is closing argument?

What is the pretrial stage of a civil case?

What is an interrogatory in court?

See more

About this website

What are the stages of case processing?

Investigation.Charging.Initial Hearing/Arraignment.Discovery.Plea Bargaining.Preliminary Hearing.Pre-Trial Motions.Trial.More items...

What are the 13 steps of the criminal justice process?

Terms in this set (13)investigation. ... Arrest. ... Booking. ... Charging. ... Initial appearance. ... preliminary hearing/ grand jury. ... Indictment/ information. ... Arraignment.More items...

What are the five stages of the criminal justice process?

The five (5) basic steps of a criminal proceeding are the:Arrest.Preliminary hearing.Grand jury investigation.Arraignment in Criminal Court.Trial by jury.

What are the 14 steps of a trial?

Terms in this set (14)step 1: pre-trial proceedings. ... step 2: jury is selected. ... step 3: opening statement by plaintiff or prosecution. ... step 4: opening statement by defense. ... step 5: direct examination by plaintiff/ prosecution. ... step 6: cross examination by defense. ... step 7: motions to dismiss or ask for a directed verdict.More items...

How a criminal case is processed?

Mandatory Examination of accused by the Court • Evidence by Accused, if any, in defense. Commission of a cognizable offence Refusal of Police to register complaint/FIR Filing of a private criminal complaint against the offender before competent Cognizance of the commission of the offence and inquiry by the court.

What are the steps in criminal investigation?

These include collection, analysis, theory development and validation, suspect identification and forming reasonable grounds, and taking action to arrest, search, and lay charges. In any case, as unpredictable as criminal events may be, the results police investigators aim for are always the same.

What is a critical stage?

A term used in criminal procedure to denote the stage at which a person accused of a crime will receive the right to counsel and, at which, if that right is denied, later proceedings will be prejudiced. courts.

What is the last phase of the criminal justice process?

Criminal justice is a process, involving a series of steps beginning with a criminal investigation and ending with the release of a convicted offender from correctional supervision.

What is the earliest stage of the court process at which defendant may be given formal notice of the charges against them?

Arraignment. A defendant's first court appearance is known as the arraignment. At this appearance, the defendant has the right to have the charges against him or her read by the judge.

What are the stages of trial in court?

Trial can be divided into four stages: the opening proceedings, examination of evidence, questioning of the defendant, and the closing arguments.

Who gets last word in trial?

In a criminal trial, the prosecution gets the last word, and if it chooses to, may rebut yet again after the defense's closing argument.

What are the 7 steps of a trial?

7 Stages To A Criminal TrialVoir Dire. Voir Dire is a fancy French word used to name jury selection. ... Opening Statement. After the jury is empaneled, the trial will begin with opening statements. ... State's Case in Chief. ... The Defense Case. ... State's Rebuttal. ... Closing Arguments. ... Verdict.

The Seven Stages of Civil Litigation - Legal Guides - Avvo

Civil litigation may go through as many as seven different stages before reaching its conclusion. While not every lawsuit includes all of these stages, you will typically experience at least four stages before the conclusion of your case.

Stages of a Civil Case - FindLaw

Starting the Case: Initial Court Papers Fact-Finding and Discovery Resolution Before Trial: Court Motions What is summary judgment? Resolution Before Trial:

What are the Seven Stages of Criminal Trial? - Law Corner

2. Framing of charges: The second stage in criminal trial is framing of charges. When the case comes before magistrate and on findings magistrate feels that case is genuine/true and accused should not be discharged then court will frame charges against him.

Process and Procedures of a Civil Trial | LawFirms.com

The process of a civil trial, stemming from a lawsuit, is a strict procedural process, which requires the guidance, counsel, and representation of an attorney or lawyer.

The Legal Process In The United States: A Civil Case

The Animal Legal Defense Fund is a 501(c)(3) nonprofit organization. Our EIN number is 94-2681680. The Animal Legal Defense Fund is rated four-stars by Charity Navigator, is a Platinum Level GuideStar Exchange participant, a Better Business Bureau Accredited Charity, and an Independent Charity Seal of Excellence awardee, ensuring that we meet the highest standards of accountability, efficiency ...

Why do cases settle before trial?

Because the court process can often take a significant amount of time, many cases are settled before a trial. The prosecutor may agree to reduce the charges against a defendant, drop multiple charges or recommend a lighter sentence in exchange for the defendant pleading guilty. The defendant’s criminal defense lawyer helps negotiate such an agreement on the defendant’s behalf. However, the defendant has the right to agree to a plea bargain or to decline it.

What is the right of a defendant to be afforded due process of law?

This requirement includes reasonable notice of proceedings against him or her and a fair hearing when there are significant consequences such as jail time at stake.

What happens if a defendant is found guilty?

If the defendant is found guilty, the court imposes a sentence. The judge or jury may decide the sentence, based on state law and the crime charged. The sentence that is imposed depends on a number of factors, including whether there are minimum mandatory sentences in the jurisdiction, the severity of the crime and the charges for which the defendant was convicted.

What happens if there is no plea agreement?

If there is no plea agreement, the case will proceed to trial. Both lawyers give an opening statement. The prosecution presents its case, introduces evidence and asks witnesses to testify about what they know about. The criminal defense lawyer has the opportunity to challenge the evidence before trial if he or she does not want it to come before the jury or to challenge its credibility before the jury. Additionally, the criminal defense lawyer may cross-examine the prosecution’s witnesses.

What is preliminary hearing?

This is a hearing in which the prosecution must show that it has sufficient evidence to support the charges against the defendant. The criminal defense lawyer has a right to cross-examine any of the prosecution’s witnesses. It is held before a judge or magistrate.

What is an arraignment in court?

An arraignment consists of the judge explaining the criminal charges that have been made against him or her and how the defendant pleads to the charges. It is common at this initial stage to plead not guilty even if this plea is later changed.

What do law enforcement officers do?

Law enforcement officers review the facts of a case, interview the victim, interview other witnesses and start to narrow in on a suspect. They then gather evidence against the suspect. They may ask for a search warrant if they believe that they have probable cause. They may ask a judge for an arrest warrant when they feel ready and that they have the necessary evidence to establish the suspect’s guilt.

What happens if the defense puts on evidence?

If the defense does put on evidence, the prosecution will have the opportunity to present additional evidence after the defense rests. This evidence must contradict evidence presented during the defense’s case. For example, the prosecution might call a witness to testify that an alibi witness was lying when they said they were with the defendant at the time of the alleged crime. The defense will then be able to rebut the rebuttal if desired, and this process will continue until both sides are satisfied the jury has heard all of the necessary evidence.

What happens when the prosecution rests?

In making the motion, the defense argues that even if all of the evidence is viewed in the light most favorable to the prosecution, the prosecution still hasn’t presented legally sufficient proof for the jury to be able to legally find the defendant guilty. This motion is rarely granted, but can help lay the grounds for an appeal if the defendant is convicted.

What is the first opportunity to present evidence?

The prosecution has the burden of proof and therefore has the first opportunity to present evidence. Most evidence will be introduced by witness testimony. The prosecution will call a witness and question them in what is known as direct examination. The defense will then have the opportunity to cross examine the witness to point out inconsistencies or weaknesses in their testimony. If needed, both sides may have the opportunity to ask additional questions based on the answers the witness gave to the other side. Physical evidence may also be introduced during witness testimony or another legally permissible time during the prosecution’s case.

What is a pretrial motion?

Pretrial Motions. During pretrial motions, the judge will decide whether certain evidence may be legally used at trial. At this time, a criminal defense attorney will raise constitutional objections such as illegal searches or coerced confessions. Both sides may also argue that proposed evidence is either unnecessarily inflammatory or ...

Why are summations called closing arguments?

Summations. Summations are also called closing arguments because both sides have the opportunity to argue to the jury why it should find in their favor. The lawyers will summarize all of the evidence presented in the case and why it supports their theory.

How many jurors are there in a trial?

When there are six to 12 jurors who no one has objected to, the jury will be seated and the trial will move forward.

How long can a person be held in custody?

Depending on the severity of the crime they were convicted of and the potential sentence, the defendant may be held in custody until sentencing or be released until the sentencing date.

What happens after a jury is selected?

Once a jury has been selected, a judge will arrange a final court date. The suspect, defense attorney and prosecutor will attend the criminal trial. Criminal trials are open to the public, meaning the victim, the victim’s family, the suspect’s family and others may be in attendance. A criminal trial consists of five main phases.

What happens if pretrial negotiations do not end the case?

Both sides of the case will ask a panel of prospective jurors questions until they narrow down 12 that satisfy both parties. The jury of the suspect’s peers will be who hears the facts of the case and decides if the suspect is guilty or not guilty.

What is a pre trial motion?

Pretrial motions describe different legal actions the defense attorney can take to help his or her client . The attorney may submit a motion to dismiss the charges, for example, or a motion to throw out certain evidence. Pretrial motions also refer to negotiations between the prosecutor and the defense attorney, such as a plea bargain.

How do police make arrests?

After booking the suspect at the police department, he or she can make a phone call. Then, the suspect will have to wait for his or her first hearing while in detention or at home, if he or she bails out. A judge will decide on bail based on factors such as the severity of the alleged crime and the suspect’s criminal history.

What is arraignment hearing?

The arraignment hearing is the suspect’s first hearing, where a judge will read the criminal charges the prosecution has brought against him or her and hear how the suspect pleads – either guilty, not guilty or no contest. Every criminal defendant is legally entitled to representation. If the suspect has not hired a private criminal defense lawyer in Glendale by this time, the courts will appoint a public defender.

Is every criminal case the same in Arizona?

Although every criminal case is unique, with different facts presented and unpredictable outcomes, all follow the same procedura l pattern in Arizona. The stages of a criminal defense case stay the same from case to case.

What is the negotiation component of a case?

Every case has a negotiation component. In some cases, the negotiation results in the resolution of the case: a withdrawal of the charges, or a guilty plea. In other cases, the negotiation does not result in a resolution but leads to a trial.

Why is trial a last resort?

A trial should always be a last resort, because it prolongs the case and is very expensive. It is also risky: unlike a negotiation, the defence cannot control the proceedings to the same extent, or choose whether to accept the outcome.

What is the analysis of evidence?

The Analysis. In order begin to defend a criminal case, it is essential to know what the government’s evidence is. This is mainly the information collected by the police in the form of statements by witnesses; documents; audio-visual evidence; and the notes of the investigators. The evidence in the case will vary depending on the type of case.

What is the first step in an assault case?

After an accusation has been made, either in the heat of the moment or by someone filling out a police report, the first step in an assault case is the arrest. You may or may not have been put into handcuffs, and in fact a New York City or State police officer may not even have told you that you’re under arrest. However, as long as you believe that you cannot voluntary walk away from the police with being placed in handcuffs, you have indeed been placed under arrest .

What are the rights of a person accused of a felony assault in New York?

Every person accused of committing a felony assault or misdemeanor assault in New York has the right to have the New York State and New York City police departments, as well as the District Attorneys Office in Manhattan, Brooklyn, Bronx, Queens, Staten Island, Suffolk County or Nassau County, prosecute the criminal case pursuant to the laws of New York State. Whenever the New York State or New York City police take a statement from someone accused of a felony assault or misdemeanor assault, take property from an accused or subject the accused to a police arranged identification procedure, motions should be filed to preclude the evidence from being introduced at trial.

What power does the grand jury have over a felony assault case?

What power does the Grand Jury have over my assault case? If the grand jury believes that there is sufficient evidence to believe that you committed the felony assault, the grand jury will issue an indictment of the criminal offenses supported by the evidence. However, if the grand jury believes that there is insufficient evidence to support a felony assault charge, the case will be dismissed. Having a member of our assault lawyer team present throughout the process is important, but especially here when we can use our criminal defense attorney experience to possibly keep the case from going to trial at all.

Should I talk to the police about my assault case?

Should I talk to the police regarding my assault case? It’s important to remember that you must first be read your Miranda Rights before the police can legally question you. If you have been arrested on an assault case, do not speak with the police. Anytime you say anything to the police, write anything or sign any sort of statement, it can and will be used against you in your assault trial. Before answering any questions, ask for your criminal defense attorney to be present. At The Blanch Law Firm, our assault lawyer team has seen many people get themselves into trouble by saying far too much because they believed they were obligated to do so.

How many stages are there in a criminal case?

There are 5 stages to a criminal case that everyone arrested needs to know about. They five stages are as follows: the first appearance, the arraignment, motions, pre-trial conference and trial.

What is the last stage of a criminal case in Louisiana?

The last stage of the case is the actual trial. All felonies in Louisiana entitle the accused with the right to a jury trial though the defendant could waive that right and be tried by the judge alone. The size of the jury depends on the type of case.

What is the next stage of a trial?

The next stage is either called a status conference or a pre-trial conference depending upon the nomenclature of your local courthouse. In these proceedings, plea offers will be discussed with the court as well as any outstanding issues needed before proceeding to trial.

How long does it take to get arrested without a warrant?

The first appearance is the accused’s first opportunity to appear before a judge. This appearance is for all practical purposes a combination of two events. First, anyone arrested without a warrant must appear before a judge within 48 hours and secondly, everyone arrested must appear before a judge within 72 hours for the appointment of counsel. Typically, both of these events happen simultaneously along with the setting of bail for those eligible to receive it.

What happens after a failed charge?

The next stage is the arraignment. This happens after charges are failed. It is a chance for the accused to appear before the judge an answer the charges with a type of plea. Overwhelmingly people will enter a not guilty plea at this point and proceed through the trial process.

What do defense attorneys do?

Good defense attorneys will not simply take the prosecutor’s version of events at face value, but instead will conduct their own research, including but not limited to: interviewing witnesses to determine their credibility; visiting the scene of the crime; and exploring any inconsistencies in the state’s evidence.

What is a criminal defense attorney?

A superior criminal defense is built upon a comprehensive understanding of the case and the defendant. A defense attorney gathers information through several means, including: 1 Open and collaborative communication with his or her client to obtain a thorough personal and criminal history and to ascertain the client’s mental capacity/state of mind, timeline of the crime, and relationship with the victim. Thanks to attorney-client privilege, anything shared with one’s defense attorney is completely confidential. 2 A process known as “discovery” that promotes fairness in trials, whereby the defense receives all the evidence that the prosecution has, including the charging document, police reports, lab tests, and witness statements. Defense attorneys scrutinize these documents with great care to assess the state’s evidence and look for holes that may help the defense or point to wrongdoing on the part of law enforcement while gathering evidence (e.g., illegal search and seizure, etc.). 3 Independent investigation to gather new evidence and verify the facts of the case. Good defense attorneys will not simply take the prosecutor’s version of events at face value, but instead will conduct their own research, including but not limited to: interviewing witnesses to determine their credibility; visiting the scene of the crime; and exploring any inconsistencies in the state’s evidence.

What is the best approach to criminal defense?

The best criminal defense lawyers utilize a team approach when developing a theory of defense; brainstorming and thinking outside the box alongside other expert attorneys leads to the most effective and innovative defense strategies.

What is a trial in court?

A trial is a formal legal proceeding where the facts of a case are presented to a judge (in a bench trial) or a jury of one’s peers (in a jury trial) to determine whether a defendant is found to be guilty or not guilty of a certain offense.

What is the process of discovery?

A process known as “discovery” that promotes fairness in trials, whereby the defense receives all the evidence that the prosecution has , including the charging document, police reports, lab tests, and witness statements.

What is a motion to dismiss?

Other cases are resolved during the pre-trial process; for example, a defense lawyer can file a “motion to suppress evidence” or a “motion to dismiss charges ” that can greatly benefit a defendant and perhaps prevent a case from going to trial.

What happens if plea bargaining fails?

If plea bargaining fails and the defendant does not wish to plead guilty , and a judge concludes that there is probable cause to believe a crime was committed, a trial will be scheduled.

What are the stages of civil court?

Stages of a civil court case. A start-to-finish guide to what happens in a civil case. Most civil cases get resolved before they go to trial. However, when a matter does go to civil court, it takes time to get a resolution. Civil actions begin with the filing of a complaint, but can last for years if the verdict or ruling is appealed.

How long does a defendant have to answer a lawsuit?

Typically, the defendant has 30 days to answer the plaintiff's allegations. Without a timely answer, the defendant risks a default judgment in the plaintiff's favor. At this point, the defendant may choose to respond with a motion to dismiss. This motion asks a judge to throw the case out based on lack of jurisdiction or ...

What happens when a plaintiff calls witnesses?

The plaintiff first calls witnesses to testify, and the defense then has the opportunity to cross-examine those witnesses. Defendant calls witnesses and puts on evidence. Once the plaintiff rests, or has finished putting on evidence, the defense may proceed with the same process.

What is the opening statement of a trial?

Opening statements. The plaintiff's attorneys and the defendant's will make opening statements to the jury, outlining their client's argument and summarizing the evidence they'll present at trial to substantiate it. Plaintiff calls witnesses and puts on evidence.

What is closing argument?

Closing argument. Both sides' attorneys will offer final statements to the jury summarizing their cases and attempting to persuade the juries of their claims. Jury instructions and deliberation. The judge will instruct the jury on the law applicable to the case and allow them to retire to deliberate and reach a verdict.

What is the pretrial stage of a civil case?

The pretrial stage: discovery and fact-finding. Discovery, in a civil case, is the process where both parties exchange the evidence and information they have before trial. Discovery takes two forms—interrogatories and depositions. Interrogatories are written questions posed by the plaintiff to the defendant.

What is an interrogatory in court?

Interrogatories are written questions posed by the plaintiff to the defendant. Defendants must answer these questions in full and in writing, and are under oath while doing so. Depositions are sworn statements given by a witness in response to questions posed by the other party's attorneys.

What are the stages of civil court?

Stages of a civil court case. A start-to-finish guide to what happens in a civil case. Most civil cases get resolved before they go to trial. However, when a matter does go to civil court, it takes time to get a resolution. Civil actions begin with the filing of a complaint, but can last for years if the verdict or ruling is appealed.

How long does a defendant have to answer a lawsuit?

Typically, the defendant has 30 days to answer the plaintiff's allegations. Without a timely answer, the defendant risks a default judgment in the plaintiff's favor. At this point, the defendant may choose to respond with a motion to dismiss. This motion asks a judge to throw the case out based on lack of jurisdiction or ...

What happens when a plaintiff calls witnesses?

The plaintiff first calls witnesses to testify, and the defense then has the opportunity to cross-examine those witnesses. Defendant calls witnesses and puts on evidence. Once the plaintiff rests, or has finished putting on evidence, the defense may proceed with the same process.

What is the opening statement of a trial?

Opening statements. The plaintiff's attorneys and the defendant's will make opening statements to the jury, outlining their client's argument and summarizing the evidence they'll present at trial to substantiate it. Plaintiff calls witnesses and puts on evidence.

What is closing argument?

Closing argument. Both sides' attorneys will offer final statements to the jury summarizing their cases and attempting to persuade the juries of their claims. Jury instructions and deliberation. The judge will instruct the jury on the law applicable to the case and allow them to retire to deliberate and reach a verdict.

What is the pretrial stage of a civil case?

The pretrial stage: discovery and fact-finding. Discovery, in a civil case, is the process where both parties exchange the evidence and information they have before trial. Discovery takes two forms—interrogatories and depositions. Interrogatories are written questions posed by the plaintiff to the defendant.

What is an interrogatory in court?

Interrogatories are written questions posed by the plaintiff to the defendant. Defendants must answer these questions in full and in writing, and are under oath while doing so. Depositions are sworn statements given by a witness in response to questions posed by the other party's attorneys.

Pretrial Motions

Jury Selection

Opening Statements

The Prosecution’S Case

• The prosecution has the burden of proof and therefore has the first opportunity to present evidence. Most evidence will be introduced by witness testimony. The prosecution will call a witness and question them in what is known as direct examination. The defense will then have the opportunity to cross examine the witness to point out inconsistencies...

See more on locallawyerguide.com

Motion For Judgment of Acquittal

The Defense’S Case

Rebuttal

Summations

Jury Deliberations

Verdict

Criminal Investigation

Arrest and Detention of A Suspect

Arraignment Hearing

Preliminary Hearing

Pretrial Motions

Jury Selection

Criminal Trial

• Once a jury has been selected, a judge will arrange a final court date. The suspect, defense attorney and prosecutor will attend the criminal trial. Criminal trials are open to the public, meaning the victim, the victim’s family, the suspect’s family and others may be in attendance. A criminal trial consists of five main phases. 1. Opening statemen...

See more on crimeandinjurylaw.com

Verdict and Sentencing