Rasheedah Terry represents individuals charged with criminal offenses. The criminal process can be a truly devastating experience. Rasheedah Terry can help guide you through the complicated process.
Typically, the criminal process commences with an arrest. In order to complete an arrest, the police must have “probable cause” or a reasonable belief that the arrested person committed a crime.
After the arrest, the police must give the arrested individual a Miranda warning. Specifically, the police must inform said individual that he or she has the right to remain silent, a right to have an attorney present during interrogation, and a right to have an attorney appointed if he or she cannot afford one.
Once the police take the arrested person into custody, the police book said individual (fingerprint, photograph, etc).
Thereafter, the Defendant must make appear in court for an “arraignment.” At the arraignment, the Judge considers bail and advises the Defendant of his or her rights.
Subsequent thereto, the case is presented to the grand jury. If the grant jury issues an indictment, the defendant must appear in court and enter a plea of mute, not guilty, guilty or no contest.
If the parties do not enter into a plea agreement before trial, the trial usually takes place within 180 days. The Defendant is entitled to a jury trial if the charge is punishable by six or more months. However, the Defendant waives said right if he pleads guilty or requests a bench trial.
If the jury or the judge in a bench trial finds the Defendant guilty, the Defendant can appeal said determination to the Appellate Division within 45 days. The Appellate Division will overturn a guilty verdict if it finds legal error including that the evidence does not support a guilty verdict, inadmissible evidence or improper jury instructions from the judge.
After the trial, the Defendant can apply to the court for an expungement. Said expungement removes the Defendant’s criminal records from public access.
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Disclaimer: This website is intended solely for the purpose of providing general information and not promised or guaranteed to be correct, complete, or up-to-date. It is not intended be a source of legal advice and do not rely on information on this website in place of the advice of competent counsel.