What Does the Criminal Justice System look Like for a Defendant

1. A Crime has Occurred

2. Investigation

   You might not even know that you are being investigated. The Police will interview witnesses, gather evidence at the scene of the crime, apply for search warrants for your home and cars, apply for search warrants for your cell phone data (where you’ve been, who you are communicating with, what pictures you have on your phone, etc), and potentially following you or employing K-9 units.

   Meanwhile, the Prosecution Office is starting its case. They will sign the arrest warrants. Sometimes, they help the police by using an Investigative Subpoena. An investigative subpoena requires you to come to the courthouse and answer questions. So it’s like a sworn interrogation; if you lie, you might be charged with a crime. If you receive an Investigative Subpoena, call The Nunzio Law Firm Immediately at (616) 336-8100 for a Free Consultation. During the Investigative Subpoena, the Prosecution and Police Officers will gather information about the crime that has occurred.

   If you think that you are the subject of a Criminal Investigation, call The Nunzio Law Firm immediately at (616) 336-8100. We can work on a pre-arrest dismissal or protect your rights so that you don’t make any incriminating statements. It’s important not to make statements that might be used against you. Yes, even statements made to family and friends can be used against you.

3. Arrest

   An Arrest can occur after an arrest warrant is issued or the Police have Probable Cause that you committed a crime. If an arrest warrant is issued, you could be picked up at your home, your work, or even after you’ve been pulled over for a traffic ticket. If you suspect there has been a warrant issued for your arrest, call The Nunzio Law Firm immediately at (616) 336-8100. We can ease the arrest process so you are not arrested in a public place.

4. Arraignment

   Your arraignment will happen within 48 hours of your arrest. At your arraignment, the Judge will tell what the formal charges the State of Michigan is bringing against you. The Judge will also set your bond. If you have hired The Nunzio Law Firm, we advocate for the best type of bond (personal recognizance) or the lowest cash bond.

5. Bond Hearing

   Is your loved one suck in jail until their criminal case is resolved? Hire The Nunzio Law Firm to negotiate a favorable bond.

6. Probable Cause Hearing

   What is a probable cause hearing? It's a hearing about having another hearing! Court will set a date for your preliminary examination or you can waive your preliminary examination. There are pros and cons to each. Have a question about waiving your preliminary exam? Hire The Nunzio Law Firm and call us at (616) 336-8100. If you do not waive your preliminary examination, the date will be set for 14 days out unless the Judge finds good cause to change the date.

7. Preliminary Examination

   What is a preliminary exam? It’s a mini-trial. The Judge will play juror and it’s the Judge’s job to determine if there is enough evidence against you for each charge. The Judge will use a Probable Cause standard - which isn’t a high burden. During the Preliminary Exam, the Prosecutor will call a few witnesses to lay the basic facts of what happened and why you were the perpetrator. Hire the Nunzio Law Firm and will we fight your case. During your Preliminary Exam, we will cross-examine witnesses and even call witnesses if your matter requires.

8. Status Conferences

   Status Conferences are meetings with the Prosecution (sometimes the Judge will be present) to discuss potential plea deals, trial dates, and procedural issues. There might be one Status Conference or several - it depends on the case.

9. Motion Hearings

   What’s a Motion Hearing? A Motion is when you formally ask the Court for something. Whether you ask for evidence, to exclude evidence, throw evidence out, dismiss charges, ask for an interpreter, ask for court funds for an expert or independent tests, the Court will hold a hearing on the matter. During the hearing, the defense attorney and prosecutor will argue for or against the formal request. The amount of motion hearings depends on your case. Hire The Nunzio Law Firm to work on your case, files these motions (when appropriate), and argue on your behalf. Because of The Nunzio Law Firm’s Motion Practice, we’ve received dismissal and favorable plea deal.

10. Trial

    The Nunzio Law Firm will be there for you every stage of the trial. First and most important part of a trial is Jury Selection. Jury Selection can make or break your case - after all they are the people deciding your innocence. The Nunzio Law Firm has picked over 300 Jurys, so rest assured that we know what we are doing. During Trial, The Nunzio Law Firm will be by your side, fighting for you and answering questions.

11. Sentencing

    Sentencing is the last opportunity for great advocacy. The Nunzio Law Firm will review the information sent from the Probation department, determine your sentencing guidelines, object if the Probation department has over-scored you, and argue on your behalf in front of the Judge. If appropriate, The Nunzio Law Firm will also write up a Sentencing Memorandum for the Judge. This important part of a criminal defendant's journey is often overlooked but count on The Nunzio Law Firm to see your matter through to the very end.

12. Motion for New Trial & Other Post-Conviction Relief

    The Trial is not alway the last stop. Did your other lawyer not call the right witnesses, fail to investigate, not get an expert, or failed to file a FOIA request? Hire The Nunzio Law Firm. We will investigate your matter and work on getting you or your loved one a new trial.