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Sabino Jauregui, Esq.
Dianne Jauregui, Esq.

Ex-prosecutors

1014 West 49 Street, Hialeah, FL. 33012

Office: 305.822.2901

E-Mail: reception@jaureguilaw.com
  • Ex-State Prosecutors have the experience to fight for you!
  • You are INNOCENT until proven guilty.
  • Certain Defenses or Technicalities may mean the difference between Guilt and Innocence.
  • Free Consultation.
  • Reasonable Fees
  • Payment Plans
  • Appointments Nights and Weekends

Process of Criminal Cases

Criminal Case in General

layer addressing courtWhile each case is different and involves a unique defense, some similarities exist. The following are the basic steps in the process of a criminal case, whether state, federal, misdemeanor, juvenile, felony or DUI.

In addition to these steps, are MOTIONS and DEMANDS, a defense attorney's greatest weapon. These motions can be filed whenever appropriate at any stage of the process 

Arrest


Arraignment

Arraignment is usually the first preliminary court hearing. At this hearing, the State Attorney's Office will announce the charges against you. In addition, the judge will ask whether you will plead guilty or not guilty. The Law Offices of Jauregui & Jauregui, P.A. will plead you not guilty.

Investigation & Negotiations

Motions

Motions are the manner in which we demand evidence, have other evidence suppressed, witnesses excluded, and charges dropped. A Motion hearings take place throughout the different stages of the criminal process.

Sounding

Sounding is a report date where both sides meet with the judge to discuss the progress of your case. Topics discussed include plea bargain possibilities, strengths and weaknesses of the prosecution's case, progress of the preparation of the case for both sides, pretrial motions and intangible factors of the case, such as the witnesses� and defendant's character and past history. It is at this hearing where the next court date will be set.

Trial

At the trial, evidence will be presented to a judge or jury and a decision will be reached as to the innocence or guilt of the defendant. The trial begins with the opening statements. The prosecution presents his case to support the charges and then rests. The defense presents his case to refute the charges and then rests. Closing arguments by both the prosecution and defense conclude the presentation part of the trial. The judge or jury then deliberates innocence and guilt.
In a trial, expect the following to occur:

  1. Jury selection
  2. Opening statements are presented by both the prosecution and the defense
  3. The prosecution presents their case
  4. The defendant cross examines
  5. The defense presents their case
  6. The prosecution cross examines
  7. Closing arguments are presented by both the prosecution and the defense
  8. The prosecution, defense attorney and judge decide on specific instructions to the jury
  9. The judge instructs the jury on rules
  10. The jury deliberates
  11. The jury submits their verdict

 

Sentencing

If you are found guilty at trial, the judge must determine the appropriate sentencing. The judge determines the length and type of punishment at a sentencing hearing. Witnesses are generally allowed to speak, requesting either a lighter or stiffer sentence. The defendant may make a statement to the court. In addition, the court may ask for a report from the probation department prior to sentencing the defendant.

Appeals

After a defendant has been found guilty by way of trial, the defense attorney may request a higher court to change the lower court's decision. The appellate process is primarily limited to correcting flaws in procedure and not to change a trial Court’s finding of fact. It is important to recognize that the appeals process may only begin after the defendant has received the final verdict. However, time limits do exist. They are very short - often less than 30 days and mostly as short as 10 days. Don't lose your right to appeal! At the very least, a notice of appeal must be filed as soon as possible. The sample motions in an appeal process may include:

  • Motion for Acquittal
  • Motion For A New Trial
  • Motion For New Sentencing
  • Appeal To Appellate Court
  • Appeal To State Supreme Court
  • Appeal To U.S. Supreme Court
  • In death penalty cases, the appeals process is automatic