The Criminal Law Process

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Excluding Witnesses from the Courtroom
Judges have the power to keep some witnesses out of the courtroom before they testify, so they can’t hear what other witnesses say. ... READ MORE

Criminal Sentencing Enhancements
Sentence enhancements (also called “aggravating factors”) allow—and sometimes require—judges to increase a defendant’s sentence beyond the normal range. Typically, enhancements relate to the defendant’s criminal history or specific details about how the current offense was accomplished that increase its gravity. ... READ MORE

Are Criminal Trials Open to the Public?
The right to a public trial is protected by the First and Sixth Amendments to the United States Constitution. However, the right isn’t absolute and there are some circumstances justifying the closure of criminal proceedings. ... READ MORE

Entering a Plea to Criminal Charges
Learn about five different types of pleas in criminal cases and what they mean. ... READ MORE

Getting Ready for a Criminal Trial: Pretrial Motions
Motions filed prior to the start of a criminal trial can impact how and if the case goes forward. Learn more about pretrial motions. ... READ MORE

The Prosecutor’s Job
The prosecutor has wide discretion when it comes to charging and prosecuting crimes. There aren’t many constraints on the prosecutor’s decisions. ... READ MORE

Autopsies: When Are They Done, Can You Object?
Autopsies may be legally required in cases involving a suspicious, violent, or sudden death. In some cases, a family member can object to an autopsy or exhumation of a loved one. Learn about state laws that cover autopsies and exhumations. ... READ MORE

The Right to Counsel in Criminal Cases
Understanding the right to have an attorney, when that right begins, and how to invoke that right. ... READ MORE

Can Defendants Waive the Right to a Jury Trial?
Why would a criminal defendant waive the Sixth Amendment right to a jury trial? Learn more about the pros and cons of waiving a jury trial. ... READ MORE

Criminal Charges: What Do They Mean?
Criminal charges are just the start of what could be a lengthy and complex process. Learn what criminal charges mean, how to understand them, who files them, and what happens after charges are filed in a criminal case. ... READ MORE

 

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