Criminal Case
by Jocelyn Bastida
1. Pre-Trial Motions
1.1. Hearing of evidence presented by the defense and prosecutor to the individual to trial.
2. Plea Bargaining
2.1. Individual is offered a plea deal by the defense based on the evidence collected during the bust/buy, the narcotics found during the search incident to arrest, and statement from the detective.
3. Individual accepts a plea.
4. Individual is convicted of both possession of narcotics and possession for sales.
5. Arraignment
5.1. Appear before a judge for rights to be read, formally informed on which charges of possession of narcotics and possession to sale narcotics. Defendant is given the opportunity to retain a lawyer or have one appointed free of charge.
5.2. Probable cause/Preliminary hearings
5.2.1. Arrest from bust/buy was conducted without a warrant. A judicial officer must review police report to ensure officers had probable cause to contact individual after bust/buy.
5.2.2. Plea Bargaining offered to defendant because the government has a strong case against individual.