From Stop to Sentencing: the United States Criminal Justice System
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The beginning of the criminal process in the United States is usually initiated with some kind of arrest or stop. The process has several phases or stages and typically ends with the sentencing phase. Individuals who are being investigated or have been formally charged with a crime, are entitled to various rights throughout. This article discusses some of the parts making up the criminal process in the United States. The beginning of the process usually involves some encounter with law enforcement. This includes being stopped by a police officer. While there are various types of stops, depending on the circumstances, it is important to distinguish a stop from an arrest. Law enforcement may perform a stop upon reasonable belief that the individual being stopped has broken the law. It is important to understand that upon being stopped, a person is not required to answer law enforcement questions. If the stop involves an individual's vehicle, law enforcement may asked the stopped individual permission to search the vehicle. Again, the individual subject to the stop is not required to give consent to the requesting law enforcement officer. If the officer has probable cause the officer may perform a search without the stopped individual's consent.
The rules pertaining to arrests vary depending on the legal locale or jurisdiction. Usually, a law enforcement officer may arrest an individual upon forming probable cause. While the term probable cause is a legal term of art, typical bases for terms of art include belief that a felony was committed, a misdemeanor being committed in front of a law enforcement officer, or the issuance of a warrant. After being arrested, an individual is entitled to certain notices of rights. Some of these rights include the right not to speak to the law enforcement officer and the right to be represented by an attorney. Upon request, an arrested individual is entitled to consult an attorney or another person to notify them of the arrest. After an arrest, the government, through the various criminal justice departments must decide whether to formally charge the arrested individual or release them.
During the booking phase of the criminal process, the arrested individual will usually be fingerprinted and asked several booking questions. At booking, the individual's personal belongings will be taken into custody by law enforcement. The belongings will be stored during the period in which the individual is in the custody of law enforcement.
Now we move to pleading. This is the time where the criminal defendant, hopefully with the advice of his lawyer, must make a decision about what type of plea to enter. There a various types of pleas to be considered. Choosing the right plea depends on many factors. These include the facts and circumstances of the case, the strength of the evidence in the case, and the likelihood of losing at trial. Since the calculation of the likelihood of success at trial can be a complicated matter, it is very important for the criminal defendant to discuss all the possible outcomes with an experienced criminal defense lawyer.
Article Source: Articlelogy.com
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