Generally speaking the courts are required to resolve cases in a timely fashion. Practically speaking, the procedure outlined below can take months and sometimes even years to complete. There are many factors that determine how long it takes to resolve a case. Keep in mind this is just a broad view of the criminal procedure, there is much more involved and it is on a case by case basis. Call Galloway Law LLC at 219-241-8882 to schedule a free consultation to have your questions answered. Contact Galloway Law I you need an experienced criminal defense attorney in Lake County, LaPorte County, Porter County, St. Joseph County, Starke County or Jasper County, Indiana.
A criminal investigation is initiated by law enforcement. This could occur through something as simple as a traffic stop, or as complex as a homicide investigation. Charges and an arrest occurs once someone has been identified as the suspect. Charges are the legal offenses (violations of law) that are alleges to have occurred.
In Indiana, an initial hearing is set after an individual is charged and arrested. This hearing is where the court will inform you of the charges filed against you. The court will ask you if you would like to enter preliminary pleas of not guilty so you can hire an attorney. If you already hired an attorney, it is possible this hearing can be waived and you won't need to attend court.
The State (prosecuting attorney) will deliver evidence that is connected to your case. This can consist of: police reports, body camera footage, surveillance video, depositions, written statements, pictures, cell photo data location, DNA evidence, etc. Your attorney also has the opportunity to give the State evidence that will assist in defending you. This phase can take time so that the parties can sufficiently disclose all of the evidence.
The prosecuting attorney often will deliver a plea proposal to your defense attorney. Your attorney has to present to you and go over every plea proposal provided. If it is a fair agreement, then you may choose to enter it at a plea submission hearing. However, your attorney has the ability to negotiate the terms of the plea agreement.
If no plea agreement is reached by the parties, the court will set your case for trial. You have the ability to choose between a jury trial or a bench trial. Consult with your attorney to see which type of trial will benefit you. The burden is on the State to prove your guilt beyond a reasonable doubt. You DO NOT have to present any evidence, ad your attorney can attack the weakness is the State's case to protect your rights.
If you are found guilty or choose to enter a plea agreement, the court will hold a sentencing hearing. At this hearing the judge will enter judgment against you and sentence you according to the terms of your plea agreement or after hearing argument from the attorneys if your case went to trial. There are aggravating and mitigating factors considered at sentencing - consult with your attorney about these factors.
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