Timeline of a Criminal Case: Why You Need a Great Lawyer

The government, through law enforcement, can detain, arrest, and charge individuals with a criminal offense.  They do not need a warrant when they detain you, but they must serve you one in a timely manner.

**An experienced criminal lawyer can advise you if the arrest is valid and lawful, upon reviewing your evidence.

If arrested and detained by law enforcement, an individual will have a bond hearing within 48 hours.  This hearing will be in front of a magistrate or municipal judge who will advise them of their basic rights and will consider setting a surety or personal recognizance bond.

**If your bond is denied or too high, your attorney can file a motion to have this reconsidered by a Circuit Court Judge.  You need an advocate to speak for you and assist you with this process.

Once an individual is released on bond, they will be required to attend at least two court appearance dates, commonly known as "roll call."  These dates are listed on the bond paperwork provided upon release from jail.  If an individual does not attend either of these dates, a bench warrant may be issued for their arrest. 

**Retaining an attorney before your appearance dates will most likely result in your excusal from attending these dates.

Preliminary hearings are held in Magistrate's Court upon request and require the State to provide evidence showing probable cause to send a defendant's case over to General Sessions Circuit Court.  This hearing is a right that one can waive or forfeit; it is not automatic and will not happen unless requested by a defendant or their attorney.  This hearing can act as an important step to preview the evidence the State holds against the defendant.  In certain exceptional circumstances, a case may be dismissed at this stage of the proceeding.

** This is a time sensitive hearing.  Generally, a defendant must request it within 10 days of a bond hearing.  If not held before indictment, the preliminary hearing is waived as well.  

The State has 30 days to respond to a filed request for discovery, commonly referred to as a Rule 5 request.  During this process, the State must provide to the defendant or their attorney all the evidence it has in its possession to prove its case against the defendant.  Discovery is an ongoing process and the State must continue to turn over any new evidence collected after the initial request.

**This is not automatic.  The State will not provide this evidence unless a motion is filed.  You need an experienced attorney to advocate and guide you through this process.  Rochester Law has the expertise to explain the evidence, how it may be used by the State against you, and any potential weaknesses and defenses that you may have.

The final step after discovery is provided is the final disposition.  Potential dispositions include dismissal, a plea agreement, a deferral program, or a trial. 

** Having an experienced attorney advise you and fight for you and your individual situation is invaluable.  Rochester Law LLC would love to fill that role and is here to help you get the best possible outcome for your case.