The Law Offices of Barry Levinson

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The Process

Criminal Process Once your arrested, you will go through the booking process at jail. During this process bail maybe set or may not be set, depending to the charges, criminal history and where your charges are being brought, Federal, State or Municipal court.

Bail Bail is a method to get the defendant released during the trial proceedings. Bail is an amount of money used by the court to ensure the defendant comes back to court when required to do so. There are typically serveral factors the judge considers before setting bail.
Bail is based on:
Is the defendant a danger to the community?
What is the likelihood the defendant will flee?
What ties to the community does the defendant have, for example family, job, housing, length of time in the community.
Bail release options may include:
Cash Bail. The defendant is responsible for paying the entire amount of bail to be released. The defendant will receive his bail back at the completion of all court appearances. This is mainly done on small misdemeanor cases.
Release On Own Recognizance. Also Known as OR If the judge is convinced the defendant is not a risk, he may release the defendant on his own recognizance.
Surety Bond. The bail agent guarantees to the court that they are responsible for the bond if the defendant fails to appear.
Property Bond. The court records a lien on the property of the defendant to secure the bail amount. This is the typical way Federal Courts allow bonding

Arraignment An arraignment is where the defendant is read specific charges against him and given a copy of the formal written criminal complaint. It is the first step in the criminal process. All arraignments are conducted after the suspect is arrested and booked by law enforcement.
The arraignment is the time where the judge will ask if the person appearing is the person identified in the charges. In addition, the judge will ask whether the defendant will plead not guilty. It is highly unusual that a defendant would plead guilty at the arraignment. Remember do not plead guilty without an attorney present.
At an arraignment:
The defendant will be provided with written charges.
The defendant will be asked to state his identity.
The defendant is entitled to counsel.
If charged with a misdemeanor, the defendant is required to reply to the written charges with a plea of either guilty, not guilty, or nolo contendere (no contest). In a misdemeanor case, the judge will set the defendant's tentative appearance schedule, usually either a pre-trial or trial depending on the court.
In a felony case, the judge will set the defendant's tentative preliminary hearing.
Bail is set. The defendant has a right to argue for a bail reduction.
The discovery process begins. Discovery at the arraignment usually consists of a police report and a complaint.

Pre-Trail Conference The pre-trial conference is a formal setting where plea-bargaining occurs. The prosecution may offer alternative sentencing. The charge may be reduced or a fine could be set, in exchange for some type of plea.

Preliminary Hearing At the preliminary hearing the judge determines whether sufficient evidence exists to send the case to the District court for trial. The judge: 1) Decides whether there is probable cause to believe a crime was committed; 2) Decides whether there is probable cause to believe the defendant committed the crime. The true standard is a scintilla of evidence that a crime has been committed. The lower court, i.e. Justice Court, will determine whether or not there is sufficient evidence to be bound over to District court.
Before, the actual Preliminary hearing the prosecution will offer a plea bargain, at this point that plea deal may never be offered again. It may be a good idea to discuss the plea bargain with your attorney. You can always decide that you want to no take the deal before the District Court arraignment

District Court Arraignment The defendant is arraigned and pleads guilty, not guilty or no contest. At the arraignment, the identity of the defendant is ascertained and an attorney of record is confirmed and if their has been a plea bargain and the defendant has waived his preliminary hearing, then the defendant may still plead not guilty and not follow through with the plea bargain. If the Defendant pleads guilty then there will be a sentencing usually according to the plea bargain.

Plea Bargaining Most of all cases end in a plea-bargain. Plea-bargaining is an excellent way to avoid a potential harsh conviction in favor of an agreed upon lighter conviction.
The prosecutor has the burden of proof. The defendant is innocent until proven guilty. During the trial, the prosecutor must present a case that convinces the judge or jury beyond a reasonable doubt that the defendant is guilty.
The charges filed against the defendant at arraignment may be different from those originally filed by the arresting police officers. It may be advisable depending on the facts to enter into a plea agreement. Once the case is worked on in detail by the prosecution they may not offer any deals in the future. So as a defendant it is advisable to discuss the possibility of a plea bargain with your attorney.

TrialA jury trial is the fact finding phase of the case. It is the in-court examination and resolution of a criminal case. At the trial a decision will be reached as to the innocence or guilt of the defendant. Unlike a plea-bargained settlement, which completes the case prior to trial, a trial introduces risk for both the prosecution and defense. Neither side knows which side will win. The trial begins with the prosecution's opening statement. The defense attorney may also present an opening statement at this time. The prosecution presents his case to support the charges and then rests. The defense presents his case to refute the charges and then rests. Closing arguments by both the prosecution and defense conclude the presentation part of the trial. The jury then deliberates innocence and guilt.
In a trial, expect the following to occur:
Jury selection
Opening statements presented by the prosecution and the defense
The prosecution presents their case
The defense cross examines prosecution witnesses
The defense presents their case
The prosecution cross examines the defense witnesses
Closing arguments are presented by both the prosecution and the defense
The prosecution, defense attorney and judge decide on specific instructions to the jury
The judge instructs the jury on rules
The jury deliberates
The jury submits their verdict

Sentencing The judge determines the length and type of punishment at a sentencing hearing. Witnesses are generally allowed to speak, requesting either a lighter or stiffer sentence. The defendant may make a statement to the court.
The judge almost always determines punishment.
The judge may be required to follow specific sentencing guidelines.
The eighth amendment to the U.S. constitution provides that punishment may not be cruel or unusual.
Factors such as no criminal history, a good public record, and professional or personal responsibilities may persuade the judge to provide a lighter sentence.
A previous criminal record, use of a dangerous weapon, and the type of conviction may persuade the judge to provide a harsher sentence.
Judges almost always give repeat offenders harsher sentences.
Sometimes juries can impose sentencing.
Circumstances that Can Adversely Affect Sentencing:
In Nevada there are statutes, which call for harsher penalties if the defendant's crime involves the use of a dangerous or deadly weapon, serious or permanent bodily injury, or crimes against youth or the elderly. These enhancements generally increase the sentencing penalties.

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