The court will also inform the defendant of their legal right to legal assistance in the case. Since many charges follow preliminary trials, many defendants have already hired lawyers at this stage. If the defendant has a lawyer, there is no reason to inform him of his right to counsel. One of the first steps in the criminal process is prosecution. Sometimes an indictment occurs shortly after an accused has been arrested and cautioned, when it is usually combined with a bail hearing. For defendants who are never arrested (because they received a subpoena or summons instead), the indictment is usually their first court date. In crimes, the indictment is sometimes deferred until the grand jury issues an indictment. Despite procedural differences, the basic structure of an indictment trial is the same for all accused. One of the most important things that will happen during an indictment is whether or not the judge decides whether to grant bail. They will consider the following factors: The judge may also set conditions of release at the time of the indictment.

For example, if the accused is accused of domestic violence, they may be asked to keep some distance from the alleged victim. If the alleged crime involves a computer, they may be asked to stay away from the internet. If you have been charged with drunk driving/DWI, a criminal offense, or a traffic violation in Virginia and have a question about an indictment or any other aspect of your case, call The Wilson Law Firm at 703-361-6100 or 540-347-4944 and our competent, experienced, and successful drunk driving/DWI defense attorneys, Criminal and traffic law will be happy to discuss the prosecution process and other issues of Virginie DUI/DWI. Criminal defense and traffic with you in detail. You can be called by our office by filling out a contact form on this page. Procedurally, the term “indictment” is often used in Virginia to refer to an accused`s first appearance in court. If the accused is detained in jail after arrest, the indictment in Virginia (first appearance) usually takes place the day after the court opens. In some jurisdictions, detainees are brought to the courthouse for prosecution and, more often than not, indictments are conducted by videoconference, with inmates remaining in prison. If, on the other hand, the accused is released on his or her own initiative, by posting bail or by using the services of a bail officer, the charge is usually set several days later. There are actually two hearings in the course of a crime. One of them occurs at the beginning of the criminal proceedings. The second occurs after the pre-trial conference – when the outcome of that hearing is to get the accused to comment on the charges.

For now, we are focusing on the first of these: the first indictment. The purpose of the indictment is to satisfy the right of the accused to know the charges against him. An accused cannot be detained indefinitely without being informed of the charges against him, and he has the possibility to apply for release. This is just another reason why it`s so important to consult a lawyer before your charges, if you can afford it. Although most defendants represented by lawyers do not plead guilty or deny guilt during the prosecution phase, it is sometimes strategically advised to do so. This may be the case, for example, to avoid further prosecution for more serious and uncharged crimes. 16 Defendants have a legal right to waive charges, but they should never do so unless their conditions of release have already been determined. In some cases, the defence and prosecution may negotiate the terms of release in advance. Otherwise, the defendant should not waive his right to sue. Nevertheless, the waiver of charges is more common when the allegations are less serious. Ideally, accused persons should have a lawyer at the time of the indictment. They should have a lawyer when they appear before the judge for the first time.

Although the accused does not win his case to the charge, he should know what to avoid saying to a judge who might make a bad impression. Your first court appearance when you are charged with a crime can be stressful and scary, and you should have an experienced lawyer by your side. In many cases, the law allows the accused to be released from prison before a trial if he or she meets the conditions for bail. Before deciding whether to grant bail, the judge must hold a hearing to find out the facts about the defendant, including when he lived in the area, whether he had family nearby, his criminal record, and whether he threatened witnesses in the case. The judge also considers the defendant`s potential danger to the community. If you or your attorney fail to show up (commonly referred to as an FTA), the court will usually issue a California warrant. A California warrant allows law enforcement officials to arrest you and bring you straight to court. An indictment is usually the first court hearing in a criminal case. At an indictment hearing, the accused pleads (guilty, not guilty or not contested), the issue of bail and release is decided, and a later hearing date is set – usually for pre-trial or, in a criminal case, the preliminary hearing. Example: John was arrested Friday night for aggravated assault with a firearm.

He is being held at the West Valley Detention Center on $50,000 bail. Since he is in police custody, the prosecutor must charge him no later than the following Tuesday (2 days of hearing). Probable case hearings are usually held at the time of the indictment. If you are accused of a violation, only some of these rights apply. For example, an accused accused of a violation is not entitled to court-appointed counsel or a jury trial.9 At an indictment hearing, a judge reads the indictment against the defendant (now called the “defendant”) and asks the defendant if he understands the charge (whether or not he agrees with them).