Getting charged with your first offense is a stressful experience. Navigating the complex legal system requires help from a criminal defense attorney who will protect your rights and freedoms. They will explain each step of the process and ensure you know what to expect. Quality guidance alleviates some of the uneasiness of the situation. To get you started, below, is a brief overview of the beginning stages of a criminal case. 

Arrest Report & Filing Charges 

Once an arrest is made, law enforcement must fill out a report specifying the offense and detailing everything that took place leading up to the detainment. They present this information to the prosecutor who determines whether to formally file charges. They may also decide to charge you with a lesser crime. A complaint typically has to be filed within two or three days of your arrest. During this time, you should not answer any questions without the presences of a criminal defense attorney. 

Grand Jury 

If the allegations against you involve a felony offense, the prosecutor may bring your case to the grand jury to decide if charges should be filed. Jurors will listen to the evidence that’s been gathered before identifying if there is enough proof to take you to trial. This gives prosecutors the opportunity to see how well a jury receives their evidence. If the grand jury decides to indict you, the prosecutor will likely continue filing charges.  

Preliminary Hearing 

The prosecutor can also bypass the grand jury in favor of holding a preliminary hearing. This is where the prosecutor must prove to the judge that they have enough evidence to support their case against you, warranting a trial. If the judge determines there is probable cause, the court will retain jurisdiction over you until that process begins or your criminal defense attorney works out a settlement. 

If you have been charged with a first offense, the criminal defense attorneys at the Bates Law Firm PLLC offer quality guidance through every step of the process. Serving Anson, Richmond, Stanly, and Union Counties, NC, the practice has successfully defended many area clients, securing a favorable settlement. They represent a wide range of cases and will advocate aggressively to protect your rights. Call (704) 694-0195 to set up a consultation today, or visit their website for more information about their background and expertise in this practice area.