The Steps of a Trial-through the eyes of Lil Wayne

Step 1: A crime is committed.

July 22, 2007: After a performance at the Beacon Theater, Lil Wayne is busted by NYPD for smoking marijuana near his tour bus.

The crime…

Upon inspection, a .40 Springfield Armory handgun is found “on his person”.

Lil Wayne is arrested for possession of a weapon and marijuana.

Step 2: The Arraignment

Arraignment is a hearing held within 72 hours of the initial arrest.

Charges are read to the defendant.

Defendant makes a plea: guilty, not guilty, not guilty by means of insanity, no contest, and double jeopardy.

Bail can be set or denied by the judge.

Step 2: Lil Wayne’s Arraignment

Lil Wayne’s arraignment was the next morning.

He was charged with second-degree illegal possession of a gun, which comes with a 3.5-15 year sentence.

He pled not guilty.

Bail was set at $70,000, which he paid and was released.

Step 3: Grand Jury Hearing

The Grand Jury Hearing happens a few weeks/months later.

The prosecution presents their case to a jury to determine whether or not there is enough evidence to bring the accused to trial.

The defense just sits there, they do not cross-examine.

If a majority of the jurors believe there is enough evidence, the suspect is indicted and a trial date is set.

Step 3: Lil Wayne’s Grand Jury

Lil Wayne was formally indicted by a grand jury in February of 2008, almost 7 months after the initial arrest.

This was due mostly to the fact that he was arrested three more times that year!

Step #4: The Trial

The trial date is set for a few months down the road to allow the prosecution and defense to work on the cases.

The defendant is innocent until proven guilty beyond a reasonable doubt by his peers.

The burden of proof rests entirely on the prosecution. Only about 50% of all people arrested are eventually convicted.

Step 4: Lil Wayne’s Trial

His trial date was set for January of 2010 because the defense was trying to get a new Grand Jury hearing.

They had a hard time believing a person who was arrested in only his boxers could be in possession of a handgun.

They claim the handgun was in a gym bag near Lil Wayne, but not on his person.

Step 4B: Plea Bargaining

Plea bargaining can occur at any time during the legal process.

In fact, almost 90 of all cases are plea bargained.

It reduces the court’s caseload and usually results in a lesser sentence for the defendant.

Step 4B: Lil Wayne’s plea deal

Thursday, October 22, 2009: Lil Wayne agrees to a plea deal.

Instead of possession of a criminal weapon, he pleas down to attempted possession of a criminal weapon, which carries a 1 year sentence.

Step 5: The sentencing

After several delays, Lil Wayne was sentenced to one year in jail on March 8, 2010.

For good behavior, he would be released after 8 months.

He was sent to a special wing at Rikers Island to keep him away from the general population.

Freedom!

On November 4, 2010, Lil Wayne was released from prison.