Reference

Glossary | Court Systems | Stages of a Criminal Case | Expungement | Georgia Driver's Rights

Stages of a Criminal Case

     At the Law Offices of Plichta, Alavi & Associates, we understand your concern over how you or your loved one’s criminal case will be resolved and what results you might expect.  Of course we respect your wish to be kept informed of everything relevant to your case.  
 
     We have compiled this short pamphlet to help you understand what may happen in your case. 

1. Getting out of Jail
2. Court Proceedings
3. Arraignment
4. Motions/Motions Hearing
5. Status/Pretrial Calendar
6. Trial Calendar
7. Sentencing
8. Appeals

Getting out of Jail   (back to top)
 
     Obviously, everyone’s first concern is to get out of jail as quickly as possible.  For those clients who are currently in jail we endeavor to do everything in our power to obtain a release as soon as possible.  The first thing to understand, however, is that not everyone gets out of jail early, nor does everyone get a bond that he or she can afford to post.   

     Typically the following procedure is used: once an individual is arrested for a felony charge, he or she will appear before a Magistrate judge within 72 hours.  Sometimes, if that judge has the authority, a bond may be set.  In most instances, however, we will have to file a motion for a bond.  This motion is heard by a magistrate and may be set within a day or two or, in some cases, may not be considered for two or three weeks after filing.  We have little control over the schedule, as court dates are set at the judge’s discretion.   

     At the bond hearing, we will argue for the lowest bond possible.  Notably, this hearing provides an opportunity to negotiate with the District Attorney in order to explore the possibility that we can reach an agreement with the prosecutor to set a bond amount.  In some cases, especially where the alleged offense is considered particularly heinous, or where the person has a prior criminal record, we may not succeed in securing a bond.  The ultimate decision on what, if any, bond to set rests with the Court.
 
Court Proceedings   (back to top)

     Though each county runs its court somewhat differently, most follow a similar pattern.  Your case may be heard by a grand jury anywhere from a month to several months after the arrest.  We are not permitted to participate in grand jury proceedings.  The grand jurors decide what, if any, charges to bring a suspect.  Once an indictment is “returned,” the Court or District Attorney will schedule the case for arraignment. 

Arraignment   (back to top)

     Arraignment is the first regular court appearance in superior court.  This hearing is a carry-over from the days when many people could not neither read nor write.  At Arraignment, a defendant will be informed of the charges against him or her either orally or in writing.  At this time, you or your loved one will be asked to enter a preliminary plea.  Your attorney will be present at this proceeding and in most cases, he will enter a “not guilty” plea on your behalf.  This “not guilty” plea may be changed later if negotiations with the prosecutor succeed.  A “not guilty” plea at this stage ensures that you retain all the rights to which you are entitled. 

     We may also conduct what is called a “pretrial” at this hearing.  A pretrial conference is simply a discussion between us and the Assistant District Attorney concerning what we think would be a suitable outcome.  We may also get some idea of what evidence the State has amassed and what deal they might be willing to accept.  In most cases, these discussions are merely preliminary and will be followed by several subsequent conversations. 

Motions/Motions Hearing   (back to top)

     Following arraignment, we ordinarily file what is known as pre-trial motions.  Some motions are for documents which we ask the Court to oversee as part of the discovery process to ensure that we receive all of the evidence from the State.  Other motions are to ensure that harmful and improper evidence is excluded at trial.  Other motions may request items or information that you are entitled under the law.  The number and type of motions vary from case to case.

     Following the filing of these pre-trial motions, the District Attorney will send us discovery or make it available to use at their offices what is known as a discovery.  This will be our first opportunity to familiarize ourselves with the evidence the state intends to use against you.  This discovery may come quickly, or it may take months to receive.  
   
Status/Pretrial Calendar   (back to top)

     Many courts also have a status or pretrial calendar following arraignment.  At this calendar, we update the Court on the status of discover.  This hearing also provides us with an opportunity to explore plea negotiations with the trial judge.  The Court may share its opinions about what negotiated resolutions of the case it might be willing to accept.  We are not bound by this plea discussion in any way, but it can be helpful to having a better understanding of our choice between trial and the pleading guilty to a negotiated plea.
  
     We will then review the discovery, discuss and consider the plea offer, and make an assessment of the risks associated with proceeding to trial.  If advisable, we recommend an appropriate course of action; of course, the final decision on how to proceed is up to the client, not the judge, not the prosecutors, not even the client’s family.  We will abide by that decision whether we agree with it or not. 

Trial Calendar   (back to top)

     Finally, if there is no plea available, we will appear on a trial calendar.  This calendar informs us if a trial is imminent, or if not, when we might expect the trial to begin.  In most instances, trials begin within a few days to two weeks from this calendar.   After consulting with you, we will make final preparations for trial.

© 2008 Plichta, Alavi & Associates (770) 955-1511