The criminal court process in Connecticut is a structured procedure that ensures justice is served while safeguarding the rights of the accused. Understanding this process is crucial for anyone involved in a criminal case, whether as the defendant, a victim, or a concerned party. This introduction to the court process will walk you through the key stages of the criminal court process in Connecticut, from arrest to trial, and the potential outcomes that may arise.

Arrest and Booking

The criminal court process begins with an arrest. An arrest can occur when law enforcement officers have probable cause to believe that an individual has committed a crime. In some cases, a warrant may be issued by a judge before an arrest is made. Once arrested, the individual is taken into police custody for booking.

During the booking process, the following steps are typically taken:

  • Recording of personal information: name, date of birth, address
  • Fingerprinting and photographing
  • Recording the details of the alleged offense
  • Confiscation of personal belongings

You may also be issued a summons to court without being brought to the police station. This will typically occur with lower-level misdemeanor offenses.

First Appearance and Arraignment

After booking, the accused must make their first appearance in court, usually within 14 days of their arrest if you have posted bond, and the next business day for those unable to post bond or charged with domestic violence offenses. This initial court appearance is known as the arraignment. During the arraignment, the following occurs:

  • The charges against the defendant are formally read
  • The defendant is informed of their rights, including the right to an attorney
  • The defendant enters a plea (guilty, not guilty, or no contest)
  • The judge determines whether the defendant will be released on bail or held in custody until trial

Pretrial Proceedings

If the defendant pleads not guilty, the case moves into the pretrial phase. This phase involves several critical steps aimed at preparing both the defense and the prosecution for trial. Key pretrial activities include:

  • Discovery: Both sides exchange evidence and information relevant to the case
  • Pretrial motions: Legal requests made to the court, such as motions to suppress evidence or dismiss charges
  • Plea bargaining: Negotiations between the defense and prosecution to resolve the case without a trial
  • Status conferences: Meetings between the judge, defense attorney, and prosecutor to discuss case progress and schedule further proceedings

Diversionary Programs

Connecticut offers several diversionary programs aimed at first-time offenders and individuals charged with minor offenses. These programs provide an alternative to traditional prosecution and can result in the dismissal of charges upon successful completion. Some common diversionary programs include:

Trial

If a plea agreement is not reached, the case proceeds to trial. The trial is the formal examination of evidence and legal arguments before a judge or jury. The trial process in Connecticut follows these steps:

  • Jury Selection: If the trial is before a jury, a group of potential jurors is selected and questioned to ensure impartiality.
  • Presentation of Evidence: Witnesses are called, and evidence is presented by both sides. The prosecution presents its case first, followed by the defense.
  • Cross-Examination: Both sides have the opportunity to question the witnesses presented by the opposing side.
  • Closing Arguments: Both sides summarize their cases and attempt to persuade the judge or jury of their position.
  • Jury Deliberation: If there is a jury, they deliberate in private to reach a verdict based on the evidence and arguments presented.
  • Verdict: The judge or jury delivers the verdict, determining whether the defendant is guilty or not guilty of the charges.

Sentencing

If the defendant is found guilty, the case moves to the sentencing phase. During sentencing, the judge considers various factors, including the severity of the crime, the defendant's criminal history, and any mitigating circumstances. The judge then imposes a sentence, which may include:

  • Incarceration: Time spent in jail or prison
  • Probation: Supervised release with specific conditions
  • Fines: Monetary penalties
  • Community Service: Mandatory volunteer work
  • Restitution: Compensation paid to the victim

Appeals

After sentencing, the defendant has the right to appeal the court's decision if they believe there were legal errors that affected the outcome of the trial. The appeals process involves requesting a higher court to review the case and determine whether to uphold or overturn the conviction. Key steps in the appeals process include:

  • Filing a Notice of Appeal: The defendant must file this document within a specified time frame after sentencing.
  • Appellate Briefs: Both sides submit written arguments outlining their positions on the appeal.
  • Oral Arguments: In some cases, both sides may present their arguments in person before the appellate court.
  • Appellate Court Decision: The higher court reviews the case and issues a decision, which may affirm, reverse, or remand the case for further proceedings.

Conclusion

The criminal court process in Connecticut is designed to ensure justice while protecting the rights of the accused. Understanding each stage of this process, from arrest to trial and potential outcomes, is essential for navigating the complexities of the legal system. Whether facing charges or supporting a loved one through their legal journey, knowledge of the criminal court process empowers individuals to make informed decisions and seek the best possible outcomes.

Contact an Experienced Connecticut Attorney for Help with Your Case

The Lebedevitch Law Firm is based in Fairfield, Connecticut, and proudly represents people in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the state.

Attorney Stephen Lebedevitch is highly respected by judges, his colleagues, and his clients, and has a proven record of success. To learn more, contact The Lebedevitch Law Firm today to schedule a confidential consultation to discuss your situation and how we can help.