Criminal Defense Attorney James Nobles Explains Criminal Procedure Process - Arrest, Booking, Arraignment, Discovery, Pre trial Hearings and Motions, Trial and Sentencing

This brief overview of the criminal procedure process is to help clients begin to understand
what to expect as their case goes through the legal system. It is also important to know
your rights.

There are multiple strategies and tactics to be planned and executed at every step,
which is why the outcome can vary dramatically depending on the lawyer you hire. Mr.
Nobles walks each client through every step of the proceedings, the options available, the
strategy behind every action, and the anticipated results.

Arrests typically happen near the scene of the alleged crime or shortly thereafter.
Sometimes arrests come later, after a phone call or a visit from a detective. In either
situation, the person arrested should never speak to any police officer or detective.
Even though they might say that cooperation will help make things go easier with the judge
or the district attorney, or that things just need to be cleared up, making any statement to,
or in front of a police officer or detective can only be dangerous, even if you are totally
innocent. Any person under arrest should ask to speak with an attorney immediately,
refuse to answer any questions and refuse to sign anything.

After an arrest the defendant will be fingerprinted, photographed, and checked for
warrants. The district attorney or the officer may determine what charges to file. While
being held, the defendant will be interviewed by a representative from Pre-Trial Services
and will be asked questions about his/her address, the name and address of his/her
employer, whether he/she is on parole or probation, and the name and telephone number
of a person who can verify this information. Pre-Trial Services then makes a
recommendation to the court at arraignment as to whether the defendant should be
released or whether bail should be set.

An arraignment is when a defendant is brought before a court for the first time. He/she is
advised of the charges against him/her and asked to plead "guilty" or "not guilty."
Defendants are typically arraigned within 24 hours from the time of arrest. The most
important decision the judge will make at arraignment is whether to set bail or to release
the defendant without bail. The judge will consider the defendant's criminal history, the
seriousness of the charges, the defendant's ties to the community, and any bench warrant
history (a defendant's failure to return to court in a prior case) in making this decision.
Ideally, the defendant should be represented by an attorney at arraignment or as soon
as possible thereafter. If the attorney is present, he/she can argue to reduce or possibly
eliminate bail.

In cases where harassment or physical violence is alleged, the court will usually issue an
order of protection which restricts or prohibits contact between the defendant and the
alleged victim. It is very important for defendants to obey the order of protection,
otherwise additional charges, including a felony criminal contempt, can be filed for violating
the court order.

Under NY State Law, defendants and their attorneys are entitled to particular information
and evidence related to their case. Discovery includes any statements made by the
defendant, photographs or drawings, an inspection of property taken from the defendant,
tapes which the prosecutor intends to introduce at trial, evidence linking someone else to
the crime (Brady material), police complaint forms, the officer's memo book, witness
statements and many other forms of police and district attorney paperwork. All of these
are required to be turned over to the defense attorney prior to motions.

Within 45 days of the arraignment, the defense attorney must file motions regarding any
pre-trial issues including dismissal, suppression of statements or physical evidence, or any
other matters that should be addressed by the court before trial. Statements may be
suppressed if they were made while the defendant was in custody and interrogated
without having been read his/her Miranda rights, or if he/she requested an attorney prior
to making the statements. An identification can be suppressed if the identification
procedure was unduly suggestive; an identification can include a line-up, show-up, or photo
array. Physical evidence (guns, drugs, cash, blood, etc.) can be suppressed if the search
and seizure of the items was improper. A motion may also be made to exclude mention of
prior convictions or bad acts during the trial.

Procedure at trial consists of jury selection (6 jurors for a misdemeanor, 12 jurors for a
felony), opening statements, the prosecution's presentation of evidence, the defense
attorney's presentation of evidence, closing arguments, the jury charge, the jury's
deliberations and the verdict.

A trial is a complex and precise undertaking. If you decide to take your case to trial, you
MUST have an experienced criminal trial attorney. You cannot afford any rookie mistakes
at trial - it will likely cost you your freedom. You must have a trial attorney who has the
ability to challenge the prosecution on their knowledge of the rules of evidence, on NY
State Criminal Procedure, and ultimately require them to prove that you are guilty
beyond a reasonable doubt.

While not an ideal situation, on several occasions Mr. Nobles has been hired only a few
weeks prior to trial when clients were unsatisfied with their original attorney. Do not be
hesitant about changing attorneys, a seasoned criminal trial attorney will have tremendous
impact on the outcome of your case.

Sentencing can be one of the most important parts of the criminal process, as it
determines the actual penalty the defendant will receive. In some cases the sentence will
be predetermined as part of a plea deal, otherwise sentencing is entirely up to the judge.
In either case, New York State Law requires a pre-sentence investigation (“PSI”). A PSI is a
report about the defendant, describing their background, the circumstances surrounding
the crime and a recommended sentence. At sentencing an experienced defense attorney
will work to show the defendant in the best light possible, to persuade the judge to
impose a lighter sentence. The attorney should correct any mistakes in the PSI and may
do their own investigation in order to bring additional facts and circumstances that may
favor the defendant.

Having an experienced criminal defense attorney at sentencing could mean the difference
between jail, probation or community service, or in some cases county jail as opposed to
state prison, and it can also have an influence on the length of incarceration.