A criminal case is a legal proceeding in which a prosecutor from the federal, state or local government accuses an individual of violating a law. A person may be charged with a misdemeanor or a felony and can be subject to penalties including imprisonment, fines and probation.
If the Prosecuting Attorney decides to file criminal charges, he or she will prepare information outlining the crime and submit it to a judge for review. The judge will then determine if there is probable cause to charge the accused individual. If there is, the accused individual will be arrested and a warrant issued for his or her arrest.
After the accused person is arrested, he or she must appear in court at a hearing known as a First Appearance. At this hearing the accused person is advised of his or her rights and the procedure that will be followed in the case. The court will also consider whether or not to appoint an attorney for the accused person if he or she cannot afford to hire one. The court will consider a financial affidavit from the defendant and then make a decision based on that information.
If you have been charged with a criminal offense in New York or New Jersey, it is crucial to have an experienced lawyer who understands the law and knows how to spot weak points in the prosecution’s case against you. A good attorney can help you avoid a conviction by casting doubt on the prosecution’s case through evidence such as a credible alibi witness or an alternative timeline for what occurred.
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