Initial Arrest and Arraignment

Individuals arrested in California must be processed according to strict rules of procedure. The first step following arrest is known as arraignment. The State has two days (48 hours) from the time of your arrest to set an arraignment, unless the hearing would fall on a holiday or weekend day, in which case it can be scheduled later.

At this proceeding, the defendant goes in front of a judge or magistrate, and the prosecution officially levies its accusations. The defendant then enters a plea (such as “guilty” or “not guilty”), and the court sets up either a preliminary hearing or a pre-trial hearing.

If you or a loved one has been arrested, connect with our veteran Orange county criminal defense attorneys to discuss best strategies for your upcoming arraignment.

Expungment

Here is a brief overview of how expungment works in California.

Let’s say that you’ve been convicted of a misdemeanor or felony. In the future, after you’ve served your sentence, potential employers, lenders, landlords, and others can deny you good rates, employment opportunities, and even the ability to rent or buy a home based on your criminal record. Expungment allows you to clear (or partially clear) this record, so you can approach new relationships and opportunities with a blank slate.

Exceptions: In certain situations, individuals or organizations can still learn about your criminal past, irrespective of the expungment. If, for instance, you apply for a CA or federal government job, your prospective employer can access your criminal records.

Contact us at www.criminaldefenseteamusa.com to discuss the possibility of expunging your petty theft, grand theft or other charges with an Orange County misdemeanor attorney.

Timeframe – Misdemeanors: From the time that you file for expungment until your record clears, expect at minimum a two to four week delay. To speed up the process, be proactive and educate yourself. The better you understand your case and your rights, the faster you’ll be able to get your application processed, and the more luck you’ll have in clearing your record.

Felony Expungments – Timeframe: Clearing a felony charge will take longer than clearing a misdemeanor charge. In general, expect a delay of a month to six weeks from the time you file before you hear back. Convicted felons in California should apply for what’s known as a Certificate of Rehabilitation. Even if your felony charge cannot be expunged, you may be able to “negotiate it down” so it appears as just a misdemeanor charge.

Cost of Expungment: Including court fees and other sundry costs, the expungment of a misdemeanor typically runs around $1,250.00; whereas the expungment of a felony typically costs double that, $2,500.00. If you need help cleaning your California criminal record, contact our firm.

Pretrial and Preliminary Hearing

Subsequent to your arraignment, the court may order a pretrial hearing, (if you’ve been charged with a misdemeanor) or a preliminary hearing (If you’ve been charged with a felony).

Pretrial offers the parties an opportunity to resolve the matter without resorting to a full (and more costly) hearing. Often, the prosecutor will ask the defendant to enter a guilty plea in exchange for a conviction on a lesser offence. The back and forth over how the defendant should plead is known as “plea bargaining.” The defendant is not required at this stage to negotiate or accept the prosecutor’s propositions; furthermore he must be informed that he has the right to discuss the propositions at length with his attorney.

The second kind of process, the preliminary hearing, is set up to determine whether or not a prosecutor or district attorney has enough evidence to move forward to a full trial. In California, it’s relatively easy for prosecutors to demonstrate sufficient evidence. But a savvy defense lawyer can use this proceeding to “calcify” the prosecution’s case by, for instance, leading key witnesses to make statements of fact that can’t be later rescinded and compelling the prosecution to commit to a certain line of argumentation.

Pre-Trial Motions

The California justice system allows defendants to file what are known as pretrial motions to challenge prosecutor evidence as inadmissible or as collected unconstitutionally/illegally. Defendants can also employ these motions to learn more about the prosecution’s case for the purpose of building more efficient counter arguments. Our firm invests both time and resources to give our clients the best possible pre-trial defenses and the most options. We also boast deep strategic and tactical knowledge about all pre-trial motions and filings.

Call us today to discuss 995 motions 1538.5 motions and other motions with our Orange County felony criminal defense attorneys.

Post-Trial Motions Following the rendering of a verdict in a criminal case in California, lawyers from either side may file what is known as a post-trial motion. This motion may be put forward to contest issues of fact and/or law relating to the case and to set the stage for a potential future appeal of the decision.

Jury Trial

Certain criminal matters in California may be tried before a jury of peers selected from the community. Together with the presiding Judge, the Jury adjudicates the case. The Judge’s job is to ensure that the law is followed correctly; the Jury’s job is to rule on the facts and evidence presented by the prosecution and defense.

The Jury selection process can be crucial in determining the verdict. Our attorneys have mastered the art and science of picking jurors. We also know how to present methodical, easy to follow, and compelling arguments to juries, and we’re deeply familiar with applicable procedural rules.

Sentencing

After getting convicted of a crime, a defendant must be sentenced – that is, officially punished by the State. In California, Judges have significant leeway in determining how to interpret sentencing guidelines. A battle-proven defense attorney can negotiate optimal sentencing arrangements for clients.

In other words, even if you get convicted of a crime, you can still battle for favorable terms. For instance, numerous alternative punishments and rehabilitations may be at your disposal, including: reduced prison time for special circumstances, detention at home, drug and alcohol rehab, community service, confinement, and even private incarceration.

Appeal

Just because a defendant (or prosecutor) loses a case doesn’t mean the legal wrangling is necessarily over. In certain circumstances, either side can appeal the decision to a higher court. In California, appeals from Superior Courts are handled by the Appellate Courts; appeals from the Appellate Courts can migrate up further to the Supreme Court of California or even to the Supreme Court of the United States (in rare circumstances). Most appeals do not succeed, and the rules and logistics for appellate filing can be quite complicated. For instance, if you or your attorney misses a filing deadline, you may lose your chance of appeal.

But just because the odds of success in general are low doesn’t mean you can’t overturn the verdict. For instance, if your attorney can show that a clear legal error was made at trial, and that this error biased the jury against you, your appeal may have a better chance of success.