During sentencing, the court may consider U. Sentencing Commission guidelines, evidence produced at trial, and also relevant information provided by the pretrial services officer, the U.
A sentence may include time in prison, a fine to be paid to the government, and restitution to be paid to crime victims. Supervision of offenders may involve services such as substance abuse testing and treatment programs, job counseling, and alternative detention options, such as home confinement or electronic monitoring.
Main content Criminal Cases Only the government initiates a criminal case, usually through the U. The Judicial Process Criminal cases differ from civil cases. Burden of Proof In a criminal trial, the burden of proof is on the government. Pretrial At an initial appearance, a judge who has reviewed arrest and post-arrest investigation reports, advises the defendant of the charges filed, considers whether the defendant should be held in jail until trial, and determines whether there is probable cause to believe that an offense has been committed and that the defendant has committed it.
Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information. Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case.
Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. Payment Collection orders. Introduction to compensation 2. Suggested starting points for physical and mental injuries. Racial or religious aggravation — statutory provisions 2. Aggravation related to disability, sexual orientation or transgender identity — statutory provisions 3.
Approach to sentencing. Introduction to out of court disposals 2. Cannabis or khat warning 3. Simple caution 4. Conditional caution 5. Penalty notices — fixed penalty notices and penalty notices for disorder 6. Community resolution 7. Offences for which penalty notices are available.
Obligatory disqualification 2. Special reasons 3. Discretionary disqualification 5. Disqualification until a test is passed 6. Reduced period of disqualification for completion of rehabilitation course 7. New drivers 9. Extension period of disqualification from driving where a custodial sentence is also imposed. Victim personal statements 2. Occasionally, lawyers and defendants have such strongly opposing views that the lawyer cannot effectively carry out the defendant's desired strategy.
In such a situation, the attorney may seek to withdraw as the defendant's counsel, or the defendant may seek to have the attorney replaced. Whether this will be permitted in either case depends on whether the prosecutor will be prejudiced or the proceedings will be unnecessarily delayed or disrupted.
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Grow Your Legal Practice. Meet the Editors. Plead or Go to Trial: Who Decides? How to Decide? Criminal attorneys can give advice, but clients have the ultimate right to make most of the important decisions relating to their case, with very few exceptions. Example : Randy is charged with aggravated assault , and has insisted to his lawyer that he struck the alleged victim in self-defense.
One day, Randy's lawyer phones him to say that he's worked out a good deal with the prosecutor: If Randy pleads guilty or nolo contendere to simple assault, the prosecutor will recommend that Randy be given a sentence of time served the jail time he already served while waiting to make bail , and a small fine. However, Randy still believes that he is not guilty and is not sure that he wants to settle the case.
Randy can tell his lawyer to tell the D.
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