What Is a Criminal Process?
Court proceedings can be civil, administrative, and criminal. If a prosecutor files criminal charges against someone, then the criminal procedure or a criminal case begins.
Criminal law handles behaviors and actions that are in violation of state laws and an offense against the public, society, or the state. If that person is convicted, their penalties can include fines, jail or prison time, community work, and probation.
The person facing criminal charges has certain legal protections, regardless of whether they are charged with a minor or a serious crime. For example, the defendant has the right to remain silent, to be represented by an attorney, as well as the right to confront witnesses against them in court.
If you are facing criminal charges, you may feel terrified. However, being charged is not the same as being convicted. The state has to prove the defendant committed the crime beyond a reasonable doubt.
How Does a Criminal Process Start?
A criminal investigation typically starts when law enforcement officers investigate someone on suspicion they have committed a crime. If probable cause that a crime has been committed is established, the defendant may be arrested, taken into custody, or summoned to court. Each state has its own criminal code that sets guidelines on the arrest and charging procedure, as well as how the rest of the criminal procedure will go.
However, even if the defendant is found guilty in court, the case is still not over – the defendant may appeal a criminal conviction. Also, at any time during the criminal trial before the verdict, the parties may enter into a plea bargain.
Stages of the Criminal Justice Process
At Stephens & DiRado, LLP, we understand that being investigated for or charged with a criminal offense can be life changing. You can find yourself thrown into an unfamiliar and complicated process that could have long-term consequences for yourself and those close to you. However, just because you have been charged with a criminal offense does not mean that you’re guilty or that you will be convicted. We have an in-depth knowledge of how the many stages of the criminal justice system work, and we know how to effectively advocate for you at each stage to reach the best outcome possible.
Below is a summary of the various stages of the criminal justice process and information about how we approach each of those stages. The sooner our team of experienced criminal defense attorneys can get involved and begin working on your case, the better. We are able to maximize our impact on the case by getting involved early and working quickly.
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Meet Our Team
Knoxville's Trusted Team
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Mark E. Stephens Managing Partner -
Melissa C. DiRado Founding Partner
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Martha O. Dinwiddie Associate
