Anyone can get into a criminal case at any stage of his or her life. The reason is that not everyone can perform their activities according to the laws of the land as most people are unaware of all the laws that exist. Sometimes, the emotion gets better of us and we commit various criminal crimes unknowingly. Therefore, it is better to understand the different stages of a criminal case to stay informed and help your near and dear ones when they get into it. This will also help you hire a criminal defence lawyer Sydney even before the trial starts.
The first thing that can happen to one who is involved in a criminal case is getting arrested. There must be enough evidence for the police to arrest the person for interrogation. A person can be arrested without solid evidence especially when the police thinks that there are probable causes for the person to commit the crime.
Once a person is arrested, he is brought to the police station and all his personal information and biometric details are taken and registered. Even his personal properties can be confiscated. After that, the person is placed in the cell before producing his to the court of law.
Bail refers to getting someone out of the cell in exchange for money and order from the court. There is an anticipatory bail whereby a person can opt for a bail even before he gets arrested. This makes sure that the police will not arrest him because the person has agreed to appear in the court as per schedule. It all depends on the judge and the gravity of the case and crime. You need a criminal defence lawyer Sydney to get a bail ready.
When an arrested person is produced in the court for the first court proceeding, it is called arraignment. The judge reads the case and asks the defendant to produce a solicitor. The preliminary hearing and trial will be scheduled later.
Plea Bargain –
This is the stage where the defendant pleads guilty to a lesser punishment. If there are multiple offences brought against the defendant, he can plead guilty against one of the offences and the judge may decide to drop the other charges against him. The prosecution may agree to the punishment proposed by the defendant or he can propose his own punishment expectation and the judge will decide from them. The defendant can withdraw his plea of guilty and decide to go for a trial.