The Court Process
Retaining Counsel
You can retain counsel at any stage in a criminal proceeding.
If you cannot afford representation by private counsel, you are entitled to representation by the public defender's office. However, if you have assets and it is later determined that you had enough money to pay for a lawyer, you will have to pay for the public defender's work.
If you are contacted by police investigators but no charges have been filed and no arrest has been made, you are likely under investigation. This is the best time to retain counsel if you can afford it. With the right facts, a good criminal defense lawyer can sometimes do the following:
If it is a misdemeanor, such as a DUI for the first time in ten years, you must be directly observed by a police officer. If it is a felony, the cops must have "good reason" (probable cause) to make the arrest. This does not necessarily mean the police officer must witness you commit the offense, as with a misdemeanor.
Failure to do so does not make the arrest illegal, but it may be grounds to suppress certain statements or confessions.
Booking involves the following:
These investigations are conducted before the District Attorney files charges but after your arrest. THE POLICE ARE NOT REQUIRED TO RELEASE THE POLICE REPORT BEFORE YOU GO TO COURT. Often, however, a criminal defense lawyer, by contacting the deputy district attorney assigned to the case, can get a copy before the hearing.
To retain an experienced criminal defense lawyer, contact the Law Offices of Douglas Slain online, or call toll-free 888-998-5558.
Decision to Charge
The police do not file charges. Private citizens do not file charges. The District Attorney's office decides whether or not to file charges.
Although the police do not make the decision on whether or not to file, the report they make to the D.A.'s office usually determines whether charges will be brought.
Arraignment
This is the first hearing, the court will read you your rights and the charges and ask how you plea. Bail, if any, will be determined. It will vary between no bail (a release on your own recognizance or "ROR") to a million dollars or more.
The amount depends on the seriousness of the offense. If you are released and/or fail to show up later, a warrant for your arrest will be issued.
If their client is still in jail, the first thing most criminal defense lawyers do after an arraignment is to file a motion for a bail reduction hearing.
Discovery
Discovery is the process of finding the evidence in a case, and it can be the key to success. Your lawyer should ask for discovery documents at the arraignment. Discovery includes police reports, medical records, photographs, diagrams, itemization of any physical evidence, and the probation report, if any.
Preliminary Hearing
The preliminary hearing is held so that the court can decide if there is sufficient evidence to support the charges being brought against you. If the court agrees with the prosecutor, which they usually do, then the matter will be brought to trial.
NOTE: YOU GET A BETTER SETTLEMENT IF YOU AGREE TO A PLEA BEFORE THE PRELIMINARY HEARING, ASSUMING YOU ARE NOT CONFIDENT THAT YOU ARE GOING TO WIN YOUR CASE AT TRIAL.
Often you will be offered:
If the matter does not settle at the preliminary stage, you still have another chance to avoid trial: at the pre-trial conference between the court, the deputy district attorney assigned to your case, and your lawyer.
Pre-trial Motions
Occasionally your lawyer can get some charges dropped or at least lessened with one or more pre-trial motions, such as a motion to compel evidence, motion to suppress evidence, or motion to dismiss one or more charges.
These pre-trial motions can be made during, at the time of, or after, the preliminary hearing.
Trial
A jury trial in California includes the following by both the prosecutor and your defense attorney:
Sentencing
You may be sentenced to probation instead of jail or prison. Probation is likely to be for a longer period of time than jail or prison, because it is more lenient.
When on probation, you must be careful. The police may make a special attempt to keep you in their radar. Any violation of probation can trigger a revocation of your parole and you can be sent to jail or prison.
Alternatives
Many defendants end up with sentences, usually negotiated by their counsel, that avoid jail time altogether. These alternative sentences include:
An appeal will only review the application of the law to your case, not the facts of your case. The factual determination is finished, barring extraordinary circumstances, such as previously unavailable DNA tests, for instance.
You can retain counsel at any stage in a criminal proceeding.
If you cannot afford representation by private counsel, you are entitled to representation by the public defender's office. However, if you have assets and it is later determined that you had enough money to pay for a lawyer, you will have to pay for the public defender's work.
Contact the Law Offices of Douglas Slain online, or call toll-free (888) 998-5558 to retain a criminal defense attorney.
Criminal Investigations Pre-arrestIf you are contacted by police investigators but no charges have been filed and no arrest has been made, you are likely under investigation. This is the best time to retain counsel if you can afford it. With the right facts, a good criminal defense lawyer can sometimes do the following:
- Prevent charges from even being filed
- Divert the matter to informal resolution
- Get the charges reduced
- Contact the authorities and arrange for a surrender to avoid arrest
If it is a misdemeanor, such as a DUI for the first time in ten years, you must be directly observed by a police officer. If it is a felony, the cops must have "good reason" (probable cause) to make the arrest. This does not necessarily mean the police officer must witness you commit the offense, as with a misdemeanor.
POLICE DO NOT HAVE TO READ THE MIRANDA WARNINGS TO EVERYONE UNDER ALL CIRCUMSTANCES
Failure to do so does not make the arrest illegal, but it may be grounds to suppress certain statements or confessions.
Booking involves the following:
- You are taken to or you go to a police station
- You are asked a series of questions
- You are searched with or without consent
- You are fingerprinted and photographed
These investigations are conducted before the District Attorney files charges but after your arrest. THE POLICE ARE NOT REQUIRED TO RELEASE THE POLICE REPORT BEFORE YOU GO TO COURT. Often, however, a criminal defense lawyer, by contacting the deputy district attorney assigned to the case, can get a copy before the hearing.
To retain an experienced criminal defense lawyer, contact the Law Offices of Douglas Slain online, or call toll-free 888-998-5558.
Decision to Charge
The police do not file charges. Private citizens do not file charges. The District Attorney's office decides whether or not to file charges.
Although the police do not make the decision on whether or not to file, the report they make to the D.A.'s office usually determines whether charges will be brought.
Arraignment
This is the first hearing, the court will read you your rights and the charges and ask how you plea. Bail, if any, will be determined. It will vary between no bail (a release on your own recognizance or "ROR") to a million dollars or more.
The amount depends on the seriousness of the offense. If you are released and/or fail to show up later, a warrant for your arrest will be issued.
If their client is still in jail, the first thing most criminal defense lawyers do after an arraignment is to file a motion for a bail reduction hearing.
Discovery
Discovery is the process of finding the evidence in a case, and it can be the key to success. Your lawyer should ask for discovery documents at the arraignment. Discovery includes police reports, medical records, photographs, diagrams, itemization of any physical evidence, and the probation report, if any.
Preliminary Hearing
The preliminary hearing is held so that the court can decide if there is sufficient evidence to support the charges being brought against you. If the court agrees with the prosecutor, which they usually do, then the matter will be brought to trial.
NOTE: YOU GET A BETTER SETTLEMENT IF YOU AGREE TO A PLEA BEFORE THE PRELIMINARY HEARING, ASSUMING YOU ARE NOT CONFIDENT THAT YOU ARE GOING TO WIN YOUR CASE AT TRIAL.
Often you will be offered:
- Elimination of one or more counts
- Reduction to a lesser charge, even felony to misdemeanor
- Reduction in standard punishment for a given charge
- Alternative sentencing (e.g., "drug court")
If the matter does not settle at the preliminary stage, you still have another chance to avoid trial: at the pre-trial conference between the court, the deputy district attorney assigned to your case, and your lawyer.
Pre-trial Motions
Occasionally your lawyer can get some charges dropped or at least lessened with one or more pre-trial motions, such as a motion to compel evidence, motion to suppress evidence, or motion to dismiss one or more charges.
These pre-trial motions can be made during, at the time of, or after, the preliminary hearing.
Trial
A jury trial in California includes the following by both the prosecutor and your defense attorney:
- Opening statement
- Examination of witnesses
- Cross-examination of witnesses
- Closing arguments
Sentencing
You may be sentenced to probation instead of jail or prison. Probation is likely to be for a longer period of time than jail or prison, because it is more lenient.
When on probation, you must be careful. The police may make a special attempt to keep you in their radar. Any violation of probation can trigger a revocation of your parole and you can be sent to jail or prison.
Alternatives
Many defendants end up with sentences, usually negotiated by their counsel, that avoid jail time altogether. These alternative sentences include:
- Electronic home monitoring
- Rehabilitation centers
- Detox programs
- Community service
- Weekend work programs
An appeal will only review the application of the law to your case, not the facts of your case. The factual determination is finished, barring extraordinary circumstances, such as previously unavailable DNA tests, for instance.