Criminal Defense Lawyers in Silver Spring

The steps involved in a criminal case

Understanding the basic steps involved in a criminal case may put some worries to rest by dispelling the mystery surrounding criminal case procedure. At the Law Office of Harry A. Suissa, P.C., our Silver Spring criminal defense lawyers take the time to answer your questions and explain the steps involved.

How a criminal case begins

Either a grand jury indictment or a complaint for a preliminary hearing initiates a criminal case. Preliminary hearings are rarely used by prosecutors and, most seek grand jury indictment.  Here are the steps that occur before trial:

• Grand jury indictment is a grand jury decision that enough evidence exists to warrant a trial. Federal grand juries may consist of 16 to 23 people, whereas a Maryland grand jury consists of 23 members.
• Booking gathers relevant information—crime charged, name, address, phone number, photograph, fingerprints, etc.
• Arraignment is the court appearance that presents the charge and allows defense to enter a plea (guilty, not guilty, or no contest).
• At a bail or detention proceeding, the judge sets bail, releases you on your own recognizance, or detains you in jail.
• A preliminary hearing requires the prosecution to provide sufficient evidence for a judge to decide a trial is warranted.
• Plea bargaining involves negotiations between the prosecutor and defense attorney (initiated by either side) for the purpose of reducing charges or lighter sentencing if the defendant agrees to the plea.

Trial steps

Typically, these are the steps that occur at trial:

• During jury selection, the defense and prosecution interview potential jury members and select a jury of 12 people and possibly a couple alternates.
• Discovery is the right to obtain information about the prosecution’s evidence in the criminal case—documents, photographs, expert witnesses, etc.—and is both a pre-trial and trial procedure.
• Trial consists of—
  • Opening statements by prosecution and defense counsels
  • Examination and cross-examination of witnesses
  • Presentation of evidence
  • Closing statements
  • Jury instructions
  • Jury deliberation
  • Verdict rendered
• Post-trial motions allow a criminal defense lawyer in Silver Spring to move for a new trial, etc.
• Sentencing occurs if the defendant has pleaded or is found guilty, and the sentence usually is read during a separate hearing.

An experienced Silver Spring criminal defense lawyer can make a difference

Contact the Law Office of Harry A. Suissa, P.C. at 877-708-9721. A free initial consultation is available in many cases. Our staff is bilingual in English and Spanish and we are located within easy walking distance of the Metro.