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Jed Boal ReportingAs we've seen in Destiny Norton's case, and others in recent years, people close to the victim, the media and the community are eager for quick answers and resolution. The fact of the matter is, justice is a patient process.
Criminal defendants are entitled to a speedy trial, but it's no kangaroo court in America; expediency does not trump proper procedure. When police book a felony suspect into jail on probable cause, the District Attorney's office has three full days to file charges or release the suspect.
Greg Skordas, Criminal Defense Attorney: "They'll file whatever charges they think they can prove that are justified under the facts of the case."
Police met with prosecutors to screen the Gregerson case, or show them their evidence. The District Attorney's office then decides what crime or crimes it can charge. Is it a homicide? Is there a child kidnapping charge? If so, is it a death penalty case?
Greg Skordas: "If the District Attorney's office makes this a death penalty case, they'll usually charge that right at the outset. To make it a death penalty case, they have to allege and charge that there was another violent act, or aggravating circumstance occurred. In this case it could be the child kidnapping."
After Gregerson is charged, he'll make his initial appearance in court for the arraignment. A judge will read the charges against him, set any conditions for release, appoint a public defender if the defendant cannot afford a lawyer, and set a date for a preliminary hearing, probably in 30 to 60 days.
Greg Skordas: "A judge will hear the evidence presented by the state and decide if there's probable cause to believe that. Number one, a crime was committed and number two, that the defendant committed the crime."
The state has to prove it can make a case before a jury. If so, the court schedules the case for a jury trial. In this case, which could carry the maximum penalty, attorneys will take time with the evidence. If it goes to trail, it would likely take a year..
If there's a plea bargain, that would not likely happen for months, after the defense has explored all possibilities.
