How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask RayAnswers Your Own Question

RayAnswers
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 29267
Experience:  licensed attorney in Texas for 29 years
Type Your Criminal Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

what are the steps/procedures to be considered due process

Resolved Question:

what are the steps/procedures to be considered due process?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  RayAnswers replied 4 years ago.
Thanks for your question.Person arrested for felony here would be entitled to bond and court appointed lawyer if indigent.Usually the test here is if you can afford bond you can afford lawyer.You are entitled to a speedy trial here and to invoke your right not to talk to the police or anyone other than your lawyer.You have right to trial by jury and the prosecutor has burden to show you are guilty beyond a reasonable doubt.You are presumed innocent here until convicted.You have right to meet and work with your lawyer prior to trial to prepare your defense and to talk over any proposed plea offers.
Customer: replied 4 years ago.
Is there like a protocal/steps for due process that have to be followed and do these steps include things such as preliminary hearing, commital hearing, evidenciary hearing.
Expert:  RayAnswers replied 4 years ago.
Sure once you are arraigned here.You go in front of judge and enter plea.If you plead not guilty here then they set bail and a trial date.If you are indigent here they appoint you a lawyer.Your lawyer may then file some pre trial kinds of motions for discovery or to seek dismissal here.Also the prosecutor may make a plea offer here to seek to entice you to plead guilty.Otherwise the matter is set for trial with judge or jury depending on which you choose.
Expert:  RayAnswers replied 4 years ago.
Reference to the process.

Arrest

In order to be arrested, there must be what's called "probable cause." This means that there must be a reasonable belief that a crime was committed and you committed the crime. An arrest warrant is not necessary.

After you're placed under arrest, you are protected by constitutional rights. Two important rights to be aware of are right to remain silent and the right to have an attorney. After your arrest, you aren't required to say anything else to police or investigators, until you have an attorney present. You must be given the opportunity to contact an attorney.

Miranda Rule

 

Under the Miranda Rule, if you are in police custody you must be informed of specific constitutional rights before interrogation begins. Those rights are as follows:

  • The right to remain silent
  • The right to have an attorney present during questioning
  • The right to have an attorney appointed if you are unable to afford one

Important to note is that Miranda rights do not have to be read until you are taken into custody. That means that you can be questioned by the police before being taken into custody, and anything you say at that point can be used against you later in court.

Booking

After you're arrested, the police will bring you to the police station for the booking process . You'll be fingerprinted and asked a series of questions, such as your name and date of birth. You'll also be searched and photographed. Your personal property such as jewelry will be catalogued and stored.

Appointment of an Attorney

In Georgia, if you cannot afford to hire an attorney, and if you are charged with a crime that is punishable by incarceration, an attorney will be appointed to defend you. Usually a public defender will be appointed as your attorney.

Once a public defender has been appointed to defend you, the court generally will not appoint a substitute attorney unless you show that you are not receiving effective assistance. You do not have the right to choose a specific appointed attorney.

Arraignment

Once criminal charges are filed, you'll make a court appearance which is known as an "arraignment." If you are incarcerated, this will usually occur within 72 hours of your arrest.

During your arraignment, you'll be asked to enter a "plea" to the crime you've been charged with. Georgia pleas and corresponding definitions follow:

  • Guilty plea: If you plead "guilty," you're admitting to the facts of the crime and the fact that you were the one who committed that crime.
  • Not guilty plea: A "not guilty" plea asserts that you did not commit the crime with which you were accused. After your plea, a pre-trial or trial date will be set.
  • No contest plea: A "no contest" plea indicates that, while you are not admitting guilt, you do not dispute the charge. This is preferable to a guilty plea because guilty pleas can be used against you in later civil lawsuits.
  • "Mute" plea: In Georgia, you may "stand mute" instead of making a plea. The court will then enter a plea of not guilty. By standing mute, you avoid silently admitting to the correctness of the proceedings against you until that point. You are then free to attack all previous proceedings that may have been irregular.

If you plead "guilty" or "no contest," there will not be a trial. You'll then be sentenced.

During the arraignment, the court will also:

  • Set bail
  • Refuse to set bail; or
  • Release you on your own personal recognizance, which means that the court takes your word that you will appear when necessary for later court obligations

Bail/Bond

"Bail" is money or property put forth as security to ensure that you'll show up for further criminal proceedings.

In Georgia, bail can be paid:

  • In cash
  • A pledge of property (if permitted in that court)
  • A bail bond

A professional bail bondsman is an individual whose business is to pledge his or her own property or security to guarantee the bail bond to the court.

Speedy Trial

You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime.

This right can be waived by asking for additional time for the preparation of your defense.

Speedy Trial rights in Georgia:

In Georgia, the law requires a defendant to make a speedy trial demand. Once that demand is made, a defendant must be tried within two court terms, as long as juries were empaneled and qualified to try the defendant.

Trial

Many prosecutors will consider "plea agreements," although it's not legally required. If you don't reach a plea agreement with the prosecutor, your proceedings will move toward the trial stage.

Usually, if you are charged with a crime punishable by six or more months of imprisonment, you have the right to a jury trial. This right may be waived by:

  • Pleading guilty, or
  • Choosing a bench trial (a trial in front of a judge only)

If you request a bench trial, the judge will perform the fact-finding function that is usually performed by the jury.

Appeals

If you're found guilty after a trial, you're entitled to an appeals process. This process varies depending upon the crime, but there are always time deadlines by which you must file an appeal.

In Georgia, generally you must file an appeal within 30 days after the judgment.

There are numerous reasons for an appeal from a guilty verdict in a criminal case, including what's called "legal error." Legal error may include:

  • Allowing inadmissible evidence during the criminal process, including evidence that was obtained in violation of your constitutional rights
  • Lack of sufficient evidence to support a verdict of guilty
  • Mistakes in the judge's instructions to the jury regarding your c
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 29267
Experience: licensed attorney in Texas for 29 years
RayAnswers and 9 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.