What Should I Expect During The Court Process?

After getting arrested, whether you are released on bail, your case may move through the criminal court process. The court process generally involves the following stages:

• Preliminary Arraignment
• Preliminary Hearing
• Formal Arraignment
• Pre-trial Motions and Hearings
• Trial
• Sentencing
• Appeal

Not all cases will go through all the stages because most criminal cases typically resolve before the trial stage. For instance, your case will only head to trial if you don’t plead guilty.

Ideally, you should have an attorney by now. If you haven’t hired a Berks County criminal defense lawyer yet, here’s an overview of the criminal court process to help ensure that you and your loved ones know what to expect moving forward.

Preliminary Arraignment

This is your first court appearance and should occur 72 hours after your arrest. During the preliminary arraignment, the judge will inform you of the charges you’re facing, your right to legal representation, and (if applicable) set your bail.

Preliminary Hearing

The purpose of this hearing is to determine whether there is sufficient or strong evidence to charge you with the crime you allegedly committed. This occurs three to 10 days after your preliminary arraignment. Depending on your specific situation, your Berks County criminal defense attorney may find weaknesses in the case against you and negotiate a plea agreement with the prosecution or recommend that you don’t plead guilty. 

Formal Arraignment

During the formal arraignment, the judge will formally charge you of the crime you allegedly committed. You must address the charge you received and formally enter a guilty or not guilty plea.

Pre-trial Motions and Hearings

Pre-trial motions seek to resolve issues before your trial. Your Berks County criminal defense lawyer might file a motion to dismiss your case or exclude certain testimony and evidence. During this stage, your lawyer will also conduct discovery, build your case, and consider negotiating a plea agreement.

Trial

If you don’t plead guilty or reach a plea agreement with the prosecution, a judge or jury will hear your case. The prosecution and your Berks County criminal defense attorney will present their respective cases, and the jury or judge must decide whether you are guilty or not guilty.

Sentencing

If you are found guilty or pled guilty, the judge will schedule a sentencing hearing. It can occur days or weeks following your trial, depending on the court procedures and complexity of your case. Your sentence can include fines, incarceration, probation, restitution, and community service, among others.

Appeal

Reasons to appeal a conviction include errors in jury instructions, admission of evidence, motion rulings, or other legal mistakes during the pre-trial or trial stage. You have the right to appeal to the state’s highest court, The Supreme Court of Pennsylvania.

Seek Legal Guidance From Our Respected Berks County Criminal Defense Lawyer Now

If you’re facing criminal charges, you must act promptly to preserve your legal rights and craft your defense. Get started on your case and explore the best options available to you with our Berks County criminal defense lawyer. You can reach Feeman Law Offices by calling 717-273-1763 or contacting us online to arrange your consultation with our Berks County criminal defense attorney.