After you are arrested you will first be booked. During the booking process, law enforcement will ask you basic background information (name, date of birth, address, etc.), and fingerprint and photograph you. If you are held in custody after your arrest you will then go in front of a Judge to determine whether or not bail is appropriate. Bail is a sum of money that you will have to provide to the court as collateral in order to ensure your appearance in court.
Your next appearance will be the Arraignment. This is where you will be formally charged, and the charges against you are read. You will also likely be read your rights, and asked if you would like to plead “Guilty” or “Not Guilty.” Many people have not retained an attorney at this point. If you have not, your best option is to plead “Not Guilty” and speak to an attorney.
The second and third court appearances will be various pre-trial hearings (depending on the charges). At these hearings, your attorney may argue evidentiary issues, or for your charges to be dismissed.
If your charges are not dismissed by the court you will proceed to trial. Trials follow the same general timeline:
- Opening Statements: This is where both sides (prosecution and defense) introduce their case to the judge and/or jury.
- Presentation of Evidence: The most extensive stage of a criminal trial, the presentation of evidence is where the case is argued. Witnesses are called and evidence presented.
This is where the prosecution attempts to prove to the court that you are guilty “beyond a reasonable doubt”. - Closing Arguments: This stage is the last opportunity for both sides to address the court before a verdict is reached.
- Jury Instructions: The judge will instruct the jurors on their responsibilities before they retire.
- Jury Deliberations: The jury will retire to a private area to determine your guilt or innocence.
- Verdict: Once a verdict is reached, the jury will return to the courtroom. If you are found guilty the judge will schedule a sentencing date.
This process can be long, confusing, frustrating, and maybe a little scary. It is very important that you are represented by an experienced attorney that will work hard for a favorable result in your case. If you have been arrested and charged with a crime please contact Sieben & Cotter at (651) 455-1555. We are experienced and reputable attorneys who understand the criminal process in Minnesota.