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The Criminal Law Process

Criminal Law Process Defense Attorney AL

What Happens Next?

While each case is different, the general sequence of events in the criminal law process is as follows:

The arrest — The police make an arrest when they have probable cause to believe that a crime has been committed. The arrest may be made on the police officer's initiative at the time of the alleged crime, or after a warrant has been issued and the subject of the arrest surrenders to the police.  In the latter case, you may wish to have the attorneys at Bloomston & Basgier negotiate the terms of your surrender, and assist you in securing your release on bond.

The arraignment — This is a hearing in which you learn of the charges against you. It provides an opportunity for the prosecutor and your defense attorney to discuss a possible negotiated plea, if that is your desire.  If you are in jail, attorney Brett M. Bloomston or Joe Basgier can argue that you should be released on bail or to reduce your bail.

Grand jury hearing — If you have been charged with a felony, your case may be sent to a grand jury that will decide if you should be indicted.  You may wish to testify in this hearing, although this is usually not advisable.

Plea bargaining — If, after discussions with your defense attorney, you wish to seek a plea bargain, The attorneys at Bloomston & Basgier can initiate discussions with the prosecutor.  This is never an easy decision, but in some cases, it can be a better alternative than risking a trial and the possibility of a harsher sentence.  Attorney Brett M. Bloomston or Joe Basgier can explain your options and help you make the right decision.  Mr. Bloomston and Mr. Basgier have a very good reputation with the state and federal prosecutors, and often are able to negotiate favorable pleas.

Pre-trial motions — the attorneys at the law firm of Bloomston and Basgier can use pre-trial motions to learn more about the government's evidence against you and uncover potential weaknesses in its case. They can also use these to suppress evidence or to seek a dismissal of the charge.

TrialBrett M. Bloomston and Joe Basgier will work to prepare a strong and effective defense for you.  Whenever possible, Mr. Bloomston or Mr. Basgier will seek to undermine or refute the prosecutor's case and present evidence in your favor.  The goal will be to obtain a dismissal of the charge or a not-guilty verdict.

What Happens if You are Convicted?

Post-trial motions — Prior to sentencing, Mr. Bloomston or Mr. Basgier may make a motion to set aside the verdict.  If the judge grants the motion, the judge may then set aside the verdict or modify it.  These motions are rarely granted.

Sentencing — If you are convicted of a felony or misdemeanor, the judge will issue a sentence.  The sentence depends on many factors, including your background, the severity of the crime, the circumstances of the crime and the victim's attitude.

Attorneys Bloomston and Basgier will work energetically at all stages of the criminal law process to protect your rights, preserve your freedom and obtain the best outcome possible based on the facts of your case.

Contact a Criminal Defense Lawyer

For a free initial consultation with an attorney at the Law Firm of Bloomston & Basgier about a case in the Birmingham, Alabama area or throughout the state of Alabama, call 205.994.6142 or send an e-mail.

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Bloomston & Basgier
1330 21st Way South, Suite 120
Birmingham AL 35205-3912

Telephone: (877) 315-0043
Telephone: (205) 212-9700
Fax: (205) 212-9701

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Bloomston & Basgier
  • Member Of The American Trial Lawyers Association Top 100 Trial Lawyers
  • Superlawyers
  • Birmingham's Top Attorneys | Top Criminal Defense Lawyer
  • Lexis Nexis
  • Atla | Association Of Trial Lawyers Of America
  • Nacdl | National Association Of Criminal Defense Lawyers

Brett M. Bloomston, Attorneys at Law, represent clients in the greater Birmingham, Alabama area, including the cities of Birmingham, Hoover, Huntsville, Mountain Brook, Pelham, Alabaster, Trussville, Adamsville, Fairfield, Gardendale, Homewood, Vestavia, Pell City, Ashville, Moody and Oneonta, AL.

Jefferson County • Shelby County • St. Clair County • Walker County • Blount County • Tuscaloosa County

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