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SCHEMATIC
OF THE FLOW OF A TYPICAL CRIMINAL CASE.
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| I.
PRETRIAL |
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You
must be presented before a judge or magistrate within 72 hours.
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The
Bonding Process:
- Sign-Out
- Property
- R.O.R.
- Cash
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How
do you plead to
the charge?
-
Guilty
-
Not
Guilty
-
Nolo
Contendere
- Not
Guilty and Not Guilty by reason of insanity
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Including
but not limited to:
- Discovery
- Production
of initial
offense report
- Brady
- Bill
of particulars
- Suppression
of
evidence
- Speedy
Trial
- Article
701 motion
- Change
of venue
- Mental
evaluation
- Prieur
hearing
(other crimes evidence)
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With
Judge and D.A.
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| II.
TRIAL |
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Guilty
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Guilty |
Mistrial |
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| III.
THE SENTENCE |
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The
Sentence
Option A- Probation
Option B- Jail/Incarceration
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If
Successful then:
Application of Article 894\Misd.
or
Article 893\ Felonies
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Option
B- Jail/ Incarceration
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| IV.
POST CONVICTION PROCEDURE |
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Motion
to
Reconsider
The Sentence
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Application
for
Post Conviction
Relief
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An
Appeal
(to LA.Court of
Appeal)
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Application
for
Writ of Review
to LA. Supreme Court
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Application
for rehearing
before the appelate court |
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| The
above flow chart is illustrative only. The
movement of every case depends upon several factors including
but not limited to: The
unique factors and circumstances of the case itself, the lawyers
philosophy and skill, the Court and the District Attorney. |
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© 2000 HoltLawFirm,
Inc. All rights reserved.
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