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Criminal Procedure
Charging Document:
The charging document, or the document which states the allegations against a defendant, in California is generally the Information (or the complaint.) There are of course instances in which the District Attorneys office will seek a grand jury indictment in lieu of Information. There many who consider the use of grand jury indictments a violation of defendant’s right to counsel and the right to have evidence in his favor presented.
Initial Arrest and Arraignment:
Anyone arrested in California must be brought in front of a magistrate or a judge to be arraigned within 48 hours after the arrest (unless it is on a weekend or holiday) Penal Code Section 825 (a) 1. Arraignment is the first stage of the legal proceedings, and it is at this stage that prosecution (district attorney, attorney general) files its complaint against the arrested person. Generally the accused (defendant) will enter a plea of not guilty and set the case for the next court hearing which could be a pretrial or preliminary hearing. Under Penal Code Section 977, one accused of a misdemeanor may be allowed to appear at court only through his or her counsel. In all other cases, refusal or failure of the defendant to appear at the time of the arraignment could result in a “bench warrant” being issued for his/her arrest. If you are facing an upcoming arraignment in San Bernardino, Riverside, Orange, Los Angeles or San Diego County and your case involves a serious felony such as robbery, sex crime, murder, burglary, carjacking or a misdemeanor such as a DUI, driving without a license, drug possession, vandalism or hit and run, contact the Criminal Defense Team to consult with an experienced criminal defense lawyer. Our attorneys may be able to attack the complaint and your failure to raise certain objections may be considered waived by the court.
Bail Hearings:
Once the judge has set bail on a defendant he or she can't be released without posting bond or bail. If the defendant feels that he or she has a right to be released on her own recognizance (OR) or the right to ask for a reduction in the bail amount, then a motion for bail or O.R. release can be used. Generally, all defendants are entitled to a bail amount unless the crime alleged is punishable by death or a public safety concern overrides the right to bail. The amount of the bail is usually set by the Superior Court judges who set a countywide "bail schedule."
Criminal law attorneys of Criminal Defense Team has handled many bail hearings and hearing to determine the source of the bail money ( Penal Code Section 1275.1) in almost all major Southern California state courts and has received impressive results. Our attorneys have litigated OR and bail release issues in courts of Orange County , San Bernardino, Riverside County, San Diego County, and Los Angeles County. Contact us for a free consultation today. www.criminaldefenseteamusa.com
Pretrial/Preliminary Hearing:
Different jurisdictions may have different approaches to proceedings. Generally, after the arraignment comes either the pretrial or the preliminary hearing depending on whether the accused is charged with a misdemeanor or felony.
At the pretrial, the criminal defense attorney and the prosecutor will attempt to resolve the matter if possible through "plea bargaining." As a part of the "bargain", the prosecutor might agree to charge the defendant with a less serious offense, or to reduce the sentence or punishment. Of course prosecutor also has the discretion and power to dismiss the charges altogether (an unlikely result in most situations). Some courts such as San Bernardino call these hearings Pre-Preliminary Conference, while Riverside County may refer to them as Felony Settlement Conferences. All those accused of a crime must know that they are not required to accept an offer made by the prosecutor and should only do so after consulting the matter at length with their attorney.
A preliminary hearing on the other hand is the stage where District Attorneys office (prosecutor) will have to present enough evidence to satisfy the presiding judge that there is probable cause to believe that a felony has been committed and that the defendant committed it. If the judge so finds, he will set the case on the trial calendar (bound the defendant over.) Today with the changes made to evidence laws of the state of California (Proposition 115 which allows the introduction of hearsay testimony by a qualified officer) it has become quite simple for prosecutors to meet this burden. However, an experienced criminal law attorney can use the preliminary hearing to pressure the prosecutors in proving the elements of their case at an early stage and to commit their witnesses to statements they can't change at the trial. An experienced criminal lawyer can also use the Penal Code to introduce testimony of impeachment witnesses at the preliminary hearing stage. Although all defendant’s have a right to a speedy preliminary hearing ( within 10 court days or 60 calendar days of the arraignment) and trial under the code, one must be careful to not rush into a preliminary hearing and be “railroaded” into a plea before he or she has been able to adequately investigate the charges.
Pretrial Motions:
Pretrial motions are filed by defense attorneys in both misdemeanor and felony cases in order to point out deficiencies in the prosecutor's case, to seek out more information, to disclose informant’s identity or to make sure evidence gathered illegally and unconstitutionally is not used at trial ( motion to suppress evidence under Penal Code Section 1538.5) Our office takes pride in devoting long hours to developing a successful strategy and researching the options such as pretrial suppression of discovery motions. The difference between an experienced trial lawyer and one who lacks the courtroom experience will become evident at this stage or proceedings. Our criminal defense lawyers and attorneys have argued many pretrial motions in Riverside, San Bernardino, Orange and Los Angeles criminal courthouses and brings a wealth of knowledge in defending against unsubstantiated felony and misdemeanor charges.
Jury Trial:
Finally, if the case has not been resolved by this time, it will be presented to a jury chosen by both defense attorney and the prosecutor. Jurors are called "tiers of facts" and their job is to determine the facts while the judge makes sure that the correct law is applied. The role of the acriminal defense ttorney at this stage is crucial. An experienced attorney will bring insight into the process of choosing jurors, and will be able to make sure that the defendant gets a "fair day" at the court. Not every attorney can claim be a “trial lawyer.” We on the hand relish the chance to represent our clients in front of the court and regularly try cases in all major courthouses. Our experience shows its value when arguing pre-trial motions to exclude evidence such as irrelevant evidence of past behavior, prior criminal convictions, offenses committed as a juvenile, and prejudicial testimony (Evidence Code section 352) and trial motions such as exclusion of expert testimony, admission of prior testimony or objection to introduction of testimony.
Post Trial Motions:
Post-trial motions are filed to challenge the decision of the jury or a ruling by the judge. These motions are very important, as many issues must be raised at trial or in post-trial motions to be preserved for appeal.
Sentencing:
Once convicted, a defendant will have to be sentenced. Sentence is, in essence, the punishment received by a defendant who pleads guilty or is found guilty by the jury or court. Prior to sentencing, probation can be asked to prepare a report, which will make recommendations to the judge as to what sentence to impose. It is important to note that State court judges retain more of discretion than Federal Judges in sentences they hand out. This discretion is based on the fact that many state offenses carry determinate sentences which allow the judge the room to pick one of the three potential sentences based on his evaluation of “aggravating” and “mitigating” circumstances. This is why an experienced attorney must prepare the convicted defendant’s sentencing recommendations. An experienced criminal defense attorney can also make sure that the defendant receives his fair credits for the time spent in jail and good conduct credit for before trial (credit for time served.) Our criminal defense attorneys have been quite successful in arranging for alternative sentences such as community service, home detention, rehab programs, private jails, work furlough or weekend time for our clients facing jail time in San Bernardino, Riverside, Orange and Los Angeles counties.
Appeal:
The losing side, if so desired, appeals the case. Decisions of the Superior Court are appealed to the appellate courts and those of the appellate court to the Supreme Courts of California or United States. It is imperative to note that appeals are costly and rarely successful, however, these facts should not discourage those who feel their rights have been denied from seeking justice in the appellate courts. It is also important to note that there are deadlines to when an appeal has to be filed. If a defendant does not file his/her notice of appeal on time his/her rights are forever relinquished.
Expungement:
Expungment is the process by which a person's record maybe cleaned and his/her conviction removed from their record. California Penal Code Section 1203.4. It is important to note that although a record expunged does not need to be disclosed in most situations, if one is applying for federal or state positions or applying for a license issued by the state, such record must be disclosed. Furthermore, expungement can not be used to clear a criminal record for violation of Penal Code Sections 286, 288, 288a (c), 288.5 or 289 (j.) Only the Governor can use his right to pardon for individuals convicted of these enumerated crimes. Additionally, expungement of a record does not allow the person convicted to own, possess or have in his or her custody or control a firearm. Finally, expungment might not be an effective way of approaching certain situations such as when the remedy is sought for immigration purposes. Please contact one of our experienced criminal law attorneys for more information on expunging a criminal record under California law.
How long does an Expungement take?
Misdemeanors: Most expungements for misdemeanors take between 2 to 4 weeks to complete from the time the application is filed. This does not include the time needed to research all records and process the application. The more prepared you are as to the information needed (dates, charges, court location, etc.) the quicker the application can be processed. It is necessary to search the court records for information, it may take additional time.
Felony Expungements and Felony Reductions To Misdemeanors: Most expungements of felony convictions generally take 4 to 6 weeks to complete from the time the application is filed. This is called a Certificate or Rehabilitation. Some felonies that cannot be expunged can be reduced to misdemeanors, this process also takes approximately 4 to 6 weeks. Again, this is based upon receipt of all of the pertinent information by our office. A court search of records for information will take significantly longer.
Cost: Misdemeanor expungment generally costs $1250 which includes the court fees, Felony expungements and motions to reduce cases cost $2500 which also includes the court fees.
Criminal Defense Team has handled many criminal cases in almost all major Southern California state courts and has received impressive results. Our criminal law attorneys have litigated major crimes such as manufacture and distribution of narcotics, transportation of cocaine, sex crimes, robbery, and other criminal cases in courts of Orange County , San Bernardino, Riverside County, San Diego County, and Los Angeles County. Contact our criminal law attorneys for a free consultation today. www.criminaldefenseteamusa.com
Probation:
Any person convicted of a misdemeanor or felony case and not sent to prison will be placed on either summary probation (also known as informal or unsupervised probation) or formal probation for a period from 1 - 5 years. Probation is ordered by the judge and in some instances it can be instead of, in addition to or as a condition of getting a jail sentence. Criminal Defense Team has had a very successful track record in representing clients who were facing prison or substantial jail time who were eventually offered probation due to the hard work of our attorneys. We are very familiar with the local probation offices and their demands and can assist our clients in getting a favorable probation report which could make the difference between jail time and no jail. Home detention, weekend jail, private jail, community service or CALTARNS are all options available to one placed on a probation. If an individual on probation does not meet the terms of his/her probation, i.e. does not attend alcohol or dug programs, does not report for jail time, does not register as a sex offender, does not pay the fines imposes, then that person will face probation violation charges. Probation violation hearings also referred as to as Vickers Hearing (People v. Vickers (1972) 8 Cal.3d 451) hearings are conducted by the judge and not a jury. At the hearing the judge will hear all the evidence and decide as to whether the defendant on probation has violated those terms. If the defendant is found to be in violation then he/she could be sentenced to county jail, state prison or simply placed back on probation (revoke and re-instate.) Criminal Defense Team has represented many probationers in San Bernardino, Orange, Riverside, Los Angeles and San Diego counties, and can make sure that the defendant either gets placed back on probation or at the very least receive all credits for jail time he/she has served on the case.
Parole:
Parole is the conditional release of a prison inmate after serving part (if not all) of his or her sentence, allowing the inmate to live in the community under supervision of the parole period. It’s the Parole Board that decides if the prisoner should be released on parole or not. The parole board that oversees prison populations grants parole. Typically the offender has been sentenced to an indeterminate number of years in prison. After the prisoner has completed a p[percentage of his or her sentence the board will look into his case to determine whether he should be released on parole or not. If the parolee violated any laws or in any way violates the terms of his parole then he will face parole violation hearings.
Criminal Defense Team has handled many probation violation and parole violation matters and has received impressive results. Our criminal law attorneys and criminal defense lawyers represent those accused of parole and probation violations in Orange County , San Bernardino, Riverside County, San Diego County, and Los Angeles County. Call us at (888) 529-2188 for a free consultation today. www.criminaldefenseteamusa.com
Si usted necesita a un abogado que entienda y hable el español, llame a Criminal Defense Team. También ayudamos a clientes con problemas de inmigración causados por un arresto. Los abogados penalistas del despacho legal de Criminal Defense Team prestan asesoría jurídica a los clientes en los condados de Riverside, San Bernardino, Orange, San Diego y Los Angeles.
Criminal Defense team can represent you or a loved one in:
Our Los Angeles County Juvenile and Criminal Attorneys and Lawyers can handle all Los Angeles County Juvenile Law delinquency criminal cases in the following cities:
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