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 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,  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.