Criminal Law Guide

Overview of Criminal Cases
When faced with the daily dramas of real criminal cases, be prepared for proceedings that look quite a bit different from those portrayed on prime time television.

1. Criminal Investigations In state and federal cases throughout the United States, criminal investigations are generally orchestrated by prosecutors, police and other members of law enforcement.
2. Grand Jury Indictments Generally, there are two ways to press charges in a criminal case: (1) by the filing of a criminal complaint, sometimes called a statement of charges or a “criminal information”; or (2) in the form of an indictment returned by a grand jury.
3. Arresting the Accused Whether probable cause is established in a criminal complaint, or through a formal grand jury indictment, an accused is often arrested after the issuance of a formal arrest warrant.
4. Arraignments, Pleas & Plea Bargains After an accused is arrested, she is brought before a judge in a proceeding known as an arraignment. There, bail will be set and the lawyers may engage in plea discussions.
5. Preliminary Hearings In the federal system, prosecutors must generally persuade a grand jury that there is probable cause to indict a particular defendant with a specific crime. This process is used in state cases as well, but there are more instances in which defendants are charged with crimes in state courts without being formally indicted.
6. Pretrial Discovery & Investigation In the federal system, prosecutors must generally persuade a grand jury that there is probable cause to indict a particular defendant with a specific crime. This process is used in state cases as well, but there are more instances in which defendants are charged with crimes in state courts without being formally indicted.
7. Pretrial Motions Absent a plea deal, many cases involve pretrial hearings in which the prosecution and the defense lawyers bicker over the admissibility of evidence and the viability of the charges themselves.
8. Criminal Trials Absent a plea agreement or pretrial dismissal of the case, the accused must stand trial before a judge or a jury. To cover trials effectively, reporters must master the elements of a trial, appreciate the significance of each step in this process, and anticipate a variety of evidentiary objections.
9. Sentencing Following a guilty verdict, the accused may file motions to set the verdict aside or ask the court for a new trial based upon a variety of irregularities or evidentiary problems arising during the course of the trial.
10. Criminal Appeals If convicted, defendants typically seek relief from adverse judgments through two methods: Appeals and petitions for writs of habeas corpus.

Ski Market will Honor 50 Percent of Gift Cards

HARTFORD, Conn. (Legal Newsline) – Connecticut Attorney General Richard Blumenthal has reached a preliminary agreement with a bankrupt company to honor at least 50 percent of the value of unused gift cards.Ski Market Ltd., after filing for Chapter 11 bankruptcy in December, had originally refused to honor the unused gift cards.
“Ski Market has agreed to give loyal consumers a lift – heeding our call and recognizing that consumer trust is imperative to Ski Market’s future success,” Blumenthal said.

“This preliminary agreement is a partial victory, and my office plans to continue working to assist consumers seeking additional reimbursements.”

Blumenthal filed a motion last week with the U.S. Bankruptcy Court seeking to compel Ski Market to honor approximately $200,000 worth or more of the remaining unused gift cards sold to consumers.

Ski Market, in initial public statements following its announcement of filing Chapter 11 bankruptcy, had rejected the cards entirely, saying that its main secured creditor did not authorize the use of the cards.

“This action is a positive first step, but not the last in our battle on behalf of consumers with unused Ski Market gift cards,” Blumenthal said. “We urge that consumers take advantage of it as soon as possible, assuming the bankruptcy court approves it.”

The bankruptcy court must still approve this new deal, which would allow consumers to use their cards for up to 50 percent of their value at any Ski Market store from Saturday-Jan. 24.

“I am pleased that Ski Market has agreed that its financial avalanche should not bury its promises to consumers,” Blumenthal said.

“We urgently warned Ski Market that it would doom itself by denying gift cards – destroying consumer confidence and deterring new buyers for the company assets. Ski Market is rightfully realizing its responsibilities to consumers. My office will continue to monitor this bankruptcy proceeding and fight for further consumer protections.”