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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20393
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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What is the legal step by step process after an adult is accused

Resolved Question:

What is the legal step by step process after an adult is accused of a sex offense of a child (under 5 years of age)?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 5 years ago.

Do you mean in the criminal process? What do you mean by "I do not know where to start?" Are you a parent or the person being accused? Have the police been notified?
Customer: replied 5 years ago.
Hello, yes the criminal process. Actually it has nothing to do with me except that a friend knows of someone who is accused. The police are already in the process I believe. they just want piece of mind that everything is happening the way it should be. thats all. thank you
Expert:  Marsha411JD replied 5 years ago.
Hello again,

Thank you for that information and the question. Typically this is how an investigation and disposition of charges will go:
1. Law enforcement receives a complaint and begins investigation
2. Usually an effort to question the suspect after speaking to the alleged victim and any witnesses. (the suspect should decline and invoke their right to remain silent and speak to a criminal defense attorney. This isn't something they should try to "talk" their way out of. It just doesn't work that way.)
3. Law enforcement will then review all the evidence and make a charging recommendation to the local District Attorney.
4. DA will make a decision about filing charges and the issuance of an arrest warrant.
5. If the suspect is arrested they will be booked and have a bond/bail hearing and be released if they can make bail.
6. Arraignment on charges is scheduled sometime later. Plea is entered at that time and then discovery, motions,etc, occurs prior to trial on the merits of the case.
7. Trial or guilty plea.
8. Sentencing if found guilty.
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Customer: replied 5 years ago.
Well that sounds like the process she is talking about so thanks for the piece of mind on this