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Originally Posted On: https://bippermedia.com/navigating-the-criminal-procedure-rules-what-you-need-to-know/
The Criminal Procedure Rules govern the procedures of criminal courts in the United States. These rules are meant to ensure a fair and speedy trial while also protecting witnesses, defendants, and the public from harassment or other kinds of abuse.
The rules have seven general sections that outline all of the procedures that must be followed in a criminal court. This guide covers every important aspect of these rules, from the basics like what they are and when they were enacted, to how they apply in practice today. Read on for more information about navigating the Criminal Procedure Rules:
What are the Criminal Procedure Rules?
The Criminal Procedure Rules are rules set by the American Government that govern the procedures of criminal courts in the United States. The rules are meant to ensure a fair trial while also protecting members involved from harassment.
The federal criminal procedure rules define the structure of the federal criminal court. These rules uphold the sentiments in the Constitution and include the right to due process, the right to legal counsel, the right to a jury, the right to not testify against oneself, and the right to equal protection under the law.
Each state has its own code to define how it runs its criminal procedures. The state of Florida describes the purpose of its criminal procedure by saying, “these rules are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure and fairness in administration.”
While there are different codes for federal and state criminal procedures, each code will fall back on the Constitution. Now let’s look at the steps in a criminal trial.
The main steps in a criminal trial
In a criminal trial, there are typically eleven steps that must be taken. These are the main steps in a criminal trial:
- Investigation
- Charging
- Initial Hearing/Arraignment
- Discovery
- Plea Bargaining
- Preliminary Hearing
- Pre-Trial Motions
- Trial
- Post-Trial Motions
- Sentencing
- Appeal
If a crime is committed, a government agency will investigate and find evidence from the crime. Then the prosecution reviews the evidence from the investigation and brings charges against a person believed to have committed the crime.
Either the day of or the day after a defendant is arrested based on the charges brought against them, they will be brought before a judge for an initial hearing. Once the initial hearing charges have been addressed, both the prosecution and defense attorneys will begin to develop their case based on the information and witnesses available.
Sometimes the prosecution offers a plea bargain where the defendant can avoid a trial by pleading that they are guilty of the charges brought against them. If the defendant decides to plead not guilty, then the trial will continue.
The first step of the trial is to hold a preliminary hearing. This hearing is not always required and the defendant can choose to skip this portion. The preliminary hearing is designed to prove that the prosecution has enough evidence to warrant a criminal trial against the defendant.
If the judge determines that there is enough evidence to hold a trial, then the attorneys have one more chance before the trial to file pre-trial motions. With pre-trial motions, the attorneys can request for the judge to dismiss the case based on various factors. If the judge refuses to dismiss the case, then the trial begins.
The criminal trial consists of jury selection, opening statements, witness testimony, objections, closing arguments and jury deliberation. If the defendant is deemed guilty by the jury, the defendant can pursue post-trial motions. Post trial motions could allow for a retrial or a readjustment in the sentencing charges.
After the defendant is found guilty, they will be called back to court to be sentenced. The sentencing rules depend on the severity of the crime, where the crime took place, and other factors brought up during the trial.
If the defendant believes the sentence is wrong or they are being unlawfully punished, they can appeal the sentence and address errors from the previous trial.
Why it’s important to understand proceedings in the criminal court
Understanding the Criminal Procedure Rules is important for a number of reasons. These rules help to ensure that criminal proceedings are fair and wise. There are also seven sections that outline procedures that must be followed during criminal proceedings, which can be useful for understanding what happens in a trial or hearing.
Additionally, the criminal procedure rules protect defendants, witnesses, and others involved in cases by offering protections for them during the course of their court proceedings. For example, defendants have rights to privacy during their trials as well as other procedural rights such as the right to remain silent. In addition, criminal procedure rules protect public officials and witnesses from harassment or abuse while they are being questioned on behalf of the defendant or testifying in court.
Learn more today
The Criminal Procedure Rules are the set of rules that govern the procedures in criminal cases in the United States. These rules are a part of the criminal justice system and have to be followed in every criminal case.
To learn more about the criminal justice system, criminal cases, and legal defense, contact our legal team at Hanlon Law Bradenton today.
Hanlon Law
1111 3rd Ave W Ste 310
Bradenton, FL 34205
(941) 253-0254
https://www.criminalattorneybradenton.net
