The Criminal Law Court Process:
Misdemeanor Cases
- Arrest or Citation (for many misdemeanor cases).
- Arraignment (first appearance in court). We can appear for you at arraignment, plead “not guilty” and set the case for pre-trial conferences. Our misdemeanor clients rarely go to court.
- Pre-trial Conferences are conferences with the prosecutor and the judge over a period of one to six months in our attempt to reduce or dismiss charges without a trial.
- If your case cannot be settled according to your wishes, we can and will set the cause for a court or jury trial. The burden of proof in on the prosecutor to prove guilt “beyond a reasonable doubt.”
Lower Court
- Arrest or warrant
- Contact a Criminal Law Attorney to discuss bail alternatives or the fastest way to get in and out of custody
- Arraignment – Client must appear at arraignment. We may be able to avoid some court dates.
- Plea: A not guilty plea is entered in every case.
- Preliminary settings – an opportunity to gather evidence and discuss your case with the Prosecutor.
- FAR – an opportunity to meet with the judge, the prosecution, and probation officer to discuss possible settlement.
- Preliminary hearing – Evidence presented by the prosecution. Our opportunity to cross-examine witnesses and settle some cases.
Higher Court
- Arraignment at the higher court. Not Guilty plea is entered
- Motions and settlement conferences. Opportunity to file motions such as:
- Motions to dismiss
- MIRANDA violations by the police
- Suppress illegally obtained evidence
- Trial by court or Jury. The final decision to go to trial is made by the client. There is almost always a chance to negotiate even on trial day.
- Sentencing if not dismissed before trial or if settled by admission to any crime whether infraction, misdemeanor, or felony. All sentencing options are explored and even in felony cases actual jail can often be avoided.
Screened California Criminal Law Attorneys 661-310-7999
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