Baker Legal Services llc

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Criminal Defense

What will happen in my misdemeanor case?

I just got arrested. What should I do?
What will happen in my misdemeanor case?
What will happen in my felony case?
Is a suspended imposition of sentence a conviction?

In order to charge a person with a crime, the prosecutor must have probable cause to believe that a crime has been committed. Probable cause typically consists of a sworn statement made by a law enforcement officer. The officer testifies as to his or her observations in the course of his investigation which would lead him to believe that a crime was committed or in progress. Based on this probable cause statement, the prosecutor may decide to charge the case as a misdemeanor or a felony, depending on the facts of the case.

If the prosecutor charges the case as a misdemeanor, he will file a document called an “Information” with the court as well as the officer’s probable cause statement. The person charged with the crime may have been given a summons to appear at court by the law enforcement officer or he may be later arrested or served with a summons to appear.

Before the court can take any action with regards to the criminal charges, it must first arraign the person charged with a crime (the defendant). An arraignment is where the judge in open court informs the defendant of the charges brought against him, the range of punishment the defendant faces and the defendant’s rights. The judge will ask whether the defendant intends to hire an attorney and whether the defendant pleads guilty or not-guilty. If the defendant wants to hire an attorney, the judge may just enter a not-guilty plea to preserve the defendant’s rights and will give the defendant time to obtain an attorney.

If you hire Baker Legal Services, we would obtain a copy of the evidence available to the prosecutor in your case. If there is some basis for a defense, we will investigate the facts of your case, obtain the testimony of witnesses and prepare for trial. At the same time, we will work with the prosecutor to see if an acceptable plea agreement can be reached. You are free to accept or reject any plea agreement—our goal is to present you with the best possible disposition. If no agreement can be reached, we will prepare the case for trial and present our case to a judge and jury.