The Criminal Process, as Defined by a Seasoned Criminal Defense Attorney in California

You’re new to the criminal process, and your criminal defense attorney in California that you’ve hired knows exactly what’s ahead—but you are nervous and unsure. Below is the process you can expect. Your criminal defense attorney in California knows these procedures well and will be there with you every step of the way.

ARREST:
Police arrest based on probable cause that a crime was committed. They then turn over the evidence to the prosecutor who decides whether to file charges and if so, which one(s). This is when you should find the best criminal defense attorney in California or Los Angeles DUI attorney (if applicable) you can afford.

FILING THE COMPLAINT:
The prosecutor files a "complaint" with the court. The complaint is a document which alleges charges against a person. Your criminal defense attorney in California or Los Angeles DUI attorney will receive a copy usually along with reports written by law enforcement.

ARRAIGNMENT:
At this stage, a person is advised of the charges and his/her constitutional rights. Bail is often set by the court. Bail amounts can range. In some cases, the court will not set bail. In other cases, the person is released on his/her own recognizance.

PRELIMINARY HEARING:
Preliminary hearings are only held in felony cases. At this hearing, the judge determines whether there is enough evidence to support the charges. If there is, the person is held to answer and sent to Superior Court for trial. The judge and prosecutor can add charges and/or adjust bail at this stage.

SECOND ARRAIGNMENT:
If the person has been held to answer, the prosecutor files a charging document called an "information" which alleges the charges. The person is again advised of these charges and informed of his/her constitutional rights.

PRETRIAL CONFERENCE:
The defense attorney discusses the case with the prosecutor and sometimes the judge at the pre-trial conference. This allows the defense attorney to give mitigating information to the prosecutor. This is a good opportunity to obtain the best possible plea bargain.

TRIAL:
In almost all cases, a person is entitled to have a trial by jury. At the trial, the prosecutor and defense attorney have an opportunity to make an opening statement, introduce witnesses and evidence in favor of their case, cross-examine witnesses and offer closing arguments. During deliberations, the jury decides whether the prosecutor has met the burden of proving guilt beyond a reasonable doubt. If the jury finds a person not guilty, he/she is free to go and can not be subject to further prosecution based on the same offense(s).

SENTENCING:
If found guilty, the judge imposes the appropriate punishment. Probation, with or without jail, may be imposed if state prison is not. Each specific crime carries a different possible penalty. At sentencing, the defense attorney argues for the lowest possible penalty permitted by law.

OTHER CONSEQUENCES:
In many cases, a conviction can result in losing the right to vote, losing the right to possess a firearm, losing the right to associate with other known criminals and/or having to register as a sexual or narcotics offender. Furthermore, a conviction can be used to increase the penalty if there are future convictions.

APPEALS:
If convicted, a person may file an appeal. If the defense can prove that the trial court made legal errors or there was a denial of due process of law or a denial of a fair trial, the conviction could be overturned by an appellate court.

For other useful information, visit www.lawcollective.org