1. Arrest or Citation
Typically a criminal case begins with an arrest or the issuance of a citation. Both are considered in the world of law enforcement as an “arrest”, even if you weren’t actually arrested, as it is commonly known. An officer has the option of issuing a citation in lieu of handcuffing you, stuffing you into the police car, and taking you “downtown” to be booked and photographed. It is always a good idea to seek the counsel of an aggressive lawyer at this point.

2. Getting Booked & Photographed
Everyone gets booked & photographed. The earlier the better. If you were issued a citation, the court will require you to show up at the jail at some point for this minor procedure. Even if you were booked and photographed recently, you will be required to do it again on a new charge.

3. First Appearance
Typically known as “Arraignment”, this is where the judge informs you that criminal charges have been filed in the court against you. The judge will inform you of what the charge itself is, what the legal penalties are for such a crime, and what your rights and options are at that point. One of your options is to seek the counsel of an attorney. If you have not done so already, it is typically the best choice to do so, even if you are being offered “Diversion” or a “Deferred Sentence” or even “Violation Treatment”.

Remember, just like in retail sales, when you are offered a deal on a “take-it-or-leave-it” basis, it is typically not such a good deal for you. The prosecution almost always acts in their own best interests, which means that if they have a solid case against you, they will pursue it to the fullest. So if they want to cut you a sweet deal right away, that could be a red flag to tell you that such a deal may mean that you have a stronger case than you may realize. The counsel of an aggressive attorney at this point will assist you in evaluating your case, finding the flaws and weaknesses in the Government’s case against you, and evaluating the bargain of the sweet deal offered you. And hey, sometimes it is a good deal!

The CAPETTI GROUP Law Offices often waives this initial appearance when able to do so (e.g. Jackson and Josephine Counties permit us to file a Notice of Representation and an Order on Arraignment to waive this appearance. However, Lane County requires the defendant to be present regardless.)

4. Discovery
After the initial appearance is the time typically given for you to get the police reports, videos, etc. from the government so that you can know with great detail what the charges against you are and who is saying what. This allows you to make an informed decision on what to do in your case. Perhaps you will realize that the “deal” that was offered to you at the first appearance wasn’t so much of a deal; perhaps you will realize that it was. Maybe you will realize that something is missing from the government’s case, or that you have a solid defense.

5. PreTrial Conference
Many jurisdictions have different names for this appearance, but typically after your first appearance, the judge will schedule another appearance soon thereafter to give each side an opportunity to provide “discovery” to each other.

The purpose of this court appearance typically is to inform the court of whether you will proceed to trial, or if there has been successful negotiation between the government and the defense.

Many jurisdictions require you at this point to either make a deal, or go to trial, foregoing the possibility of making a deal later. These jurisdictions fail to recognize the efficiency of negotiating throughout, even as new information comes to light during the preparation for trial. They do not impose such restrictions on civil cases, and thus, in the opinion of The CAPETTI GROUP Law Offices, violate Due Process and Equal Protection clauses of the Oregon and United States Constitutions.

Other jurisdictions, such as Jackson County, permit negotiation throughout, even in the midst of a trial! This is because deal-making is most efficient and produces the most desired outcomes for both sides. Using the services of a jury is inefficient and wasteful, even if the jury is already present and hearing the case.

6. Between the Lines
In between the PreTrial Conference and the Trial Readiness Hearing is the time when the criminal case is typically fought. This is the period of time when a Motion to Suppress, a Motion in Limine, Motions to Compel, In Camera Inspection, or Exclude are filed, argued and won or lost. It is these that shape the case and the posture of the Trial. It is here when the lawyer will know with great clarity how the case is going to play out.

One benefit of fighting with such tools is the opportunity to question and cross examine adverse witnesses. Oftentimes a police report is written by one officer, while two or three others were present. At trial, all of the officers will testify, and it would be great to know to what they will testify. Otherwise, there is the risk of bringing out a flaw in the government’s case with the initial officer, while there are three more who—once alerted to the flaw—can fill in the gaps for the government.

Another benefit is that such testifying creates a record for that witness. If that witness later testifies differently, then the record of the prior testimony can be brought back in to demonstrate the inconsistency of the witness.

This is also the time when subpoenas go out en masse, for trial and for the above-mentioned hearings.

7. Trial Readiness Hearing
Most jurisdictions have a “Trial Readiness” Hearing typically scheduled very close in time to the actual trial date. This is a time to inform the court of any “last minute” deals, to assure the court that if it allocated its resources to conduct the trial (reserving a courtroom, calling in a jury panel, assigning a judge, etc.) that such will not be wasted effort. The presence of the defendant is almost always required (though some defendants who are from distant places can ask the judge to waive their appearance).

This is also the time to inform the court of special needs, such as the need for a video monitor, a phone hookup, an interpreter, or special arrangements for people with special needs (wheelchairs, hearing aids, children, etc.)

8. Trial
It’s SHOWTIME! This is the time when we pick a jury, make opening statements and present your case. We confront the witnesses against us in this stage. We make objections to various items presented by the government. We move (ask) the judge to do certain things for us, such as admit evidence into the record, eliminate evidence against us, or handle various items of evidence in certain ways.

This is when we argue to the jury that you should not be convicted of the crime(s). And it is the time when we wait for the jury’s decision.

It is also possible to waive a jury and have a judge make the decision. This is often a tactical decision when the defense has a fine point of law to determine, such as a technical defense or when a technical point of law prevents the government from proving its case.

9. Sentencing
My gosh, let’s hope it doesn’t get this far!