Getting arrested for a personal injury can be a traumatic experience for anyone. It is the beginning of a long and complicated legal process that can be challenging to navigate. If you or someone you know has been arrested for a personal injury, it is essential to understand what to expect.
1. Initial Processing
After you are arrested for a personal injury, you will be taken to the police station for processing. You will be asked to provide your name, address, and phone number. You may also be required to provide a fingerprint and a photograph. The police will also conduct a background check and search your belongings for evidence of the crime.
2. Charging and Bail
After the initial processing, you will be formally charged with the crime and given a bail hearing. Bail is money you pay the court to secure your release from custody and ensure that you will appear at your court hearings. Depending on the severity of the crime and criminal history, the judge may set a high bail amount or deny bail altogether, which means you will have to remain in custody until your trial.
3. Pre-trial Proceedings
During the pre-trial proceedings, your attorney will work to build a defense for your case and negotiate with the prosecution. This may involve plea bargaining, where the defendant and the prosecution reach an agreement for a lesser charge or sentence in exchange for a guilty plea. There may also be pre-trial motions, such as suppression motions or discovery motions, that your attorney will file to protect your rights.
If your case goes to trial, it will be heard by a judge or a jury, depending on the circumstances. Your attorney will present evidence, cross-examine witnesses, and argue on your behalf. The prosecution will also present their case and argue for your guilt. If the trial results in a guilty verdict, you will be sentenced by the judge.
If you are found guilty, you can appeal your case to a higher court. This process involves filing a notice of appeal and presenting your case to a panel of judges. The appellate court may review the evidence and the legal arguments made in your case to determine whether there were any errors or violations of your rights that may have led to an unfair verdict.
Cleveland Personal Injury Attorneys
If you've been arrested for a personal injury, it's important to remember that you have rights and options. At HMW Law, we specialize in helping victims of personal injury navigate the legal system. Contact us today at (216) 220-6776 to learn more about our services and how we can help you.