CBA Blog

What are the steps involved in a criminal case?

by Jon Sinclair, Lawyer Referral Service Panelist

The first step in a criminal case is a charge, technically called a criminal complaint, which is made and filed by a police officer.  Once a charge is filed, one of two things can happen: 1) the person can be cited and summoned to appear in court, or 2) an officer can arrest the person, and the person is held in jail until a judge issues a bond. A bond is usually set within 24-48 hours. Once a bond is issued, the person is free to leave jail.  (A bond is generally set at a reasonable amount for the defendant unless violence or a high amount of drugs are involved, but bond can also be based on prior history with the court system and whether or not a person has ever failed to appear in court. In those situations, a bond might be set at a higher amount.)

For misdemeanor cases, a summons is issued or an arrest is made.  Felony cases, however, go to an “initial appearance” which is when a person charged with a crime first appears before a judge, and then the case is sent to a grand jury, which determines if there is probable cause to support a felony charge. A case can be ignored by the grand jury or charges can be reduced to a misdemeanor.

Pre-trials are used mostly to gather discovery, which refers to the evidence the prosecutor has relating to the case.  A motion for discovery is what a defense attorney files with the court to obtain that information from the prosecutor.  A motion to dismiss and motions to suppress evidence occur in the pre-trial stage.  It is common to set a case for trial even though trial is not expected because that trial date may be the only opportunity to plea bargain and discuss a resolution with all the necessary people—prosecutor, defense attorney, police officer, alleged victim, and defendant—all in the same room.

There are two types of trials: “bench trials,” where there is no jury and a judge decides the outcome, and “jury trials,” where a jury of one’s peers decides the outcome. Jury trials are only available if the charge a person is facing involves possible jail time.  Charges for speeding tickets or possession of 100 grams of marijuana or less, for example, would not be eligible for a jury trial since minor misdemeanors never come with possible jail sentence.

Misdemeanors of the fourth, third, second and first degree and all felonies come with possible jail sentencing, so if a person facing one of these charges wants a jury trial, he or she has the right to it, but must make a written demand for it. Most plea bargaining is done on the day of trial and results in a plea of guilty, often to a reduced charged. A trial does not take place when there is plea bargaining. Following a plea, a sentence is given by the judge. If there is no plea-bargaining, then a trial is held, where the prosecutor and defense attorney each present their case.  The decision known as a verdict is made at the conclusion of a jury trial and then a sentence is given.

This is a very generalized overview of the steps of the criminal process.  Every case has its own unique set of circumstances that may affect this process. When faced with a criminal matter, it is always best to consult with an attorney as soon as possible.

Click here to find an attorney in this area of law.

Posted in Criminal | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

If I am arrested, when should an attorney be hired?

by Jon Sinclair, Lawyer Referral Service Panelist

If you are arrested, an attorney should be hired, or at least consulted, as soon as possible.  It is never a disadvantage to inform a police officer that you would like the opportunity to consult an attorney before speaking with law enforcement. If you have been arrested for a crime and are in custody, the police are supposed to stop asking you questions when you invoke your Miranda rights, but only if you clearly state to them that you would like an attorney. If you are not in police custody, there are no Constitutional limitations on their questioning of you.

For example, if you come down to the police office on your own for questioning or the police officer rings your doorbell and starts asking you information regarding the matter at a later date, there is nothing that prevents them from doing this as a means to gather evidence. By informing the police officer who is asking you questions that you would like to cooperate but only with your attorney present, you can avoid possible self-incrimination.  If you cannot afford an attorney, you may be eligible to be represented by a public defender, provided you meet certain requirements.

Click here to find an attorney in this area of law.

Posted in Criminal | Tagged , , , , , , , , , , | Leave a comment

What healthcare providers can a medical malpractice claim cover?

by John D. Holschuh Jr., Lawyer Referral Service Panelist

Medical malpractice claims cover claims against any health care provider including physicians, podiatrists, hospitals, home or residential facilities, or employees or agents of a physician, podiatrist, hospital, home or residential facility, or against a licensed practical nurse, registered  nurse, advanced practical nurse, physical therapist, physician assistant, or emergency medical technician, as well as against a dentist, optometrist or chiropractor.

Click here to find an attorney in this area of law.

Posted in Medical Malpractice | Tagged , , , , , , , , , , | Leave a comment

What is a medical malpractice case?

by John D. Holschuh Jr., Lawyer Referral Service Panelist

Any claim brought against a health care provider asserting the provider was negligent in his/her care and treatment is a “medical malpractice” case. The issue in every malpractice case is whether the problem or injury is a complication or known risk from the procedure—something which can happen in the best of hands and is not considered malpractice and therefore not pursuable—or is what happened a result from a deviation from the standard of care, in which case it is pursuable.

The person bringing the suit, the plaintiff, must prove that the health care provider “deviated from the standard of care” resulting in harm/injury to the plaintiff. In other words, that the health care provider did some act or failed to do some act that any reasonably competent practitioner, under like or similar circumstances, would or would not have done, thus injuring the plaintiff.

Click here to find an attorney in this area of law.

Posted in Medical Malpractice | Tagged , , , , , , , , , , | Leave a comment

What are trademarks?

by Charles R. Wilson, Lawyer Referral Service Panelist

Trademarks fall under the general definition of intellectual property law. They are products of the human mind or intellect. Trademarks are used to identify the owner’s products or services and distinguish them from those sold by others. A trademark is a word, name, symbol, or combination thereof. An example is TIDE for laundry detergents. Registration of the trademark can be obtained by filing an application in the USPTO. It will be examined. An issue most often encountered in the USPTO is whether the applied for trademark is confusingly similar to another’s registered or pending trademark.

Click here to find an attorney in this area of law.

Posted in Copyrights/Patents/Other Intellectual Property | Tagged , , , , , , , , , , , , | Leave a comment

What are copyrights?

by Charles R. Wilson, Lawyer Referral Service Panelist 

Copyrights fall under the general definition of intellectual property law. They are products of the human mind or intellect. Copyrights protect original works that are fixed in a tangible form. Copyrightable works include literary, musical, choreographic, dramatic, pictorial, graphic, sculptural, video, and architectural works. Copyright rights arise when the work is created. Registration in the U.S. Copyright Office is not required for protection, though does establish a public record of the copyright claim and is necessary before an infringement suit in court can be filed.

Click here to find an attorney in this area of law.

Posted in Copyrights/Patents/Other Intellectual Property | Tagged , , , , , , , , , , , , | Leave a comment

What are patents?

by Charles R. Wilson, Lawyer Referral Service Panelist 

Patents fall under the general definition of intellectual property law and are products of the human mind or intellect. Patents include utility patents, design patents, and plant patents. A utility patent is for the structural and functional aspects of products and processes. A design patent is for the ornamental design or appearance of useful objects. A plant patent is for a new variety of living plant. Utility patents are the most common type of patent. The first step is to file a patent application in the U.S. Patent and Trademark Office (USPTO) fully describing the product or process. The application includes a set of claims identifying what the inventor considers the invention. The application is examined for newness, unobviousness and usefulness. A patent will issue if all requirements are met. The patent gives the inventor a court enforceable right to exclude others from making, using, or selling the claimed invention in the U.S.

Click here to find an attorney in this area of law.

Posted in Copyrights/Patents/Other Intellectual Property | Tagged , , , , , , , , , , , , | Leave a comment

Should I report an accident to my insurance agent?

by Timothy B. Heather, Lawyer Referral Service Panelist

Be sure to report an accident to your insurance agent, even if the accident wasn’t your fault.  You may need to make a claim under your collision coverage for your vehicle if the at fault party doesn’t have insurance.  You will need to cooperate fully with your own insurance company.  If your insurance company asks for a recorded statement, give it one. You always have the right to have your counsel present when you do so, and you should seriously consider such if you plan on making any claims of your own. However, if the other party’s insurance company asks for a recorded statement, you are not required to give one and you may want to consult a lawyer before making any kind of comment regarding an accident particularly in a situation where you or someone else has been hurt.

Click here to find an attorney in this area of law.

Posted in Accidents/Insurance | Tagged , , , , , , , , , , | Leave a comment

Should I stay at the scene if I am involved in a car accident?

by Timothy P. Heather, Lawyer Referral Service Panelist

Don’t leave the scene of an accident unless a medical emergency requires you to do so.  Generally, it is better for you to wait for an ambulance and trained medical personnel to arrive and assess any needed medical treatment.  Leaving an accident scene in which you were involved makes you look bad, even if the accident wasn’t your fault, and may subject you to criminal penalties.

You should call 911 to report where your accident occurred and if anyone is hurt so that law enforcement and emergency medical personnel can be sent as quickly as possible, if necessary.  If you don’t have a cell phone on you, see if the other driver has one, or see if a passing motorist will call 911.  Attend to the immediate medical needs of those persons in your car and the other car.  Don’t move anyone unless it is necessary to prevent more serious injury.  Unless you are qualified to do so, limit your aid to basic emergency treatment involving bleeding, breathing and shock which you feel competent to handle.

Take immediate steps to prevent further injury, first by warning other motorists of the accident and second, by moving vehicles, but only if necessary.  If not necessary to move vehicles, don’t do so, for it may be helpful to the responding law enforcement officer to view the placement of the vehicles in determining who should be cited.  If you can’t warn other motorists directly, because you are injured or helping others, see if somebody else can signal oncoming vehicles from a safe position.  It is always a good idea to have flares, reflectors, and flashlights in your car which can be quite helpful in warning others, particularly at night.

Click here to find an attorney in this area of law.

Posted in Accidents/Insurance | Tagged , , , , , , , , , , | Leave a comment

If I am in an accident and hurt, what should I do?

by Timothy B. Heather, Lawyer Referral Service Panelist

If you are injured in any way, it is a good idea to seek medical treatment, be it at the Emergency Room or your family doctor.  Don’t make any general statements at the accident scene about your physical condition other than to describe your symptoms to the medical emergency personnel.  The more time which passes between the accident and your receiving any medical care, the less likely your doctor will attribute your complaints to the accident.  If you go to the Emergency Room or a medical doctor, be sure to advise the healthcare provider about the accident and describe as thoroughly as possible what happened to you physically as a result of the accident and how you have felt since that time.

Remember that all claims have statutes of limitations which destroy your legal rights if they are not pursued within a specific time period.  While there are exceptions, generally speaking, the statute of limitations to file a lawsuit arising out of a car accident is two years from the date of the accident.

Click here to find an attorney in this area of law.

Posted in Accidents/Insurance | Tagged , , , , , , , , , , , | Leave a comment
Home CLE Membership Foundation Committees/Groups Careers News & Resources About Us Contact Us