Arrest
The police arrest someone based on probable cause that they have
committed a criminal offense. However, the police do not file the
charges. They simply provide reports and evidence to the prosecuting
attorney, who then decides whether or not charges should be filed, and
if so, what charges.
Immediately upon your arrest, it is important to remain silent and contact an attorney. An attorney will be able to advise you on
your rights and what your options are at this point – and may even be
able to help dissuade the prosecuting attorney from filing charges.
Filing the Complaint
The prosecuting attorney files the document with the Court, which alleges the criminal charges against you.
Arraignment/First Appearance
At the arraignment, you are formally advised of the charges and your
constitutional rights. Bail is often set during the arraignment. Bail
is used by the Court almost as an "insurance policy" that you will
appear on future court dates.
The amount of bail is determined by the Judge. The Judge will look to
two factors in deciding bail: your risk of flight and whether you pose a
danger to the community. Bail amounts can range from being released on
your own recognizance, all the way up to millions of dollars. In some
cases no bail is allowed.
If you have already retained a Los Angeles Defense Lawyer at this
point, your lawyer may be able to negotiate with the Court and prove
that you are not a flight risk – enabling a release on your own
recognizance or a lower bail amount.
Preliminary Hearing
Preliminary Hearings are held in all felony offenses to review probable
cause. This is necessary for the Judge to determine whether there is
sufficient evidence to support the charges against you. Once a Judge
determines that there is probable cause, he sends the case to the
Superior Court for trial. During the Preliminary Hearing, the District
Attorney or the Judge can add additional charges and/or readjust the
bail.
Arraignment in the Superior Court
If the Judge has determined that there is probable cause to support the
charges, the prosecutor will file a charging document called
“Information” in the Superior Court. The Information alleges the
charges which you are facing at trial. At this time, you are formally
advised of the charges and your constitutional rights. Again, you enter a
plea of not guilty.
Entering a plea of guilty or not guilty is an important decision that
your lawyer can advise you on. Depending upon your particular case, it
often benefits the accused to plead not guilty, but your lawyer can give
you advice pertinent to your unique situation.
Pre-trial Conference
At the pre-trial conference, your defense attorney discusses the case
with the prosecuting attorney and often may include the Judge in this
process. This is a good opportunity for your attorney to speak with the
prosecution in order to obtain the best possible deal, or
plea-bargain. It also allows your defense attorney to
provide information which may prove your innocence.
Trial
During the jury trial you are entitled to have a jury of twelve
impartial jurors. Both the defense attorney and the prosecuting
attorney have an opportunity to make opening statements, introduce
witnesses and evidence in favor of their case, cross-examine witnesses
and offer closing arguments. During the deliberation phase of the case,
the jury decides whether the prosecution has met the burden of proving
guilt beyond a reasonable doubt. If the jury finds you not guilty, you
are free to go and are not subject to further prosecution based on the
same offenses.
At the trial is where your lawyer’s hard work and preparation will
pay off. It is important for your lawyer to thoroughly investigate all
aspects of your case, evidence and charges in order to anticipate the
prosecuting attorney’s next moves and counter them with evidence and
information to defend your innocence. At your trial, your lawyer will
act as your voice and representation in front of the Judge and jury.
Your lawyer’s experience, communication and negotiation skills and
knowledge will make all the difference in the outcome of your trial –
along with their persistence and willingness to fight aggressively to
defend your rights.
Sentencing
If you are found guilty, the sentencing hearing is where the judge
determines and imposes the appropriate punishment. You may be sentenced
to probation instead of a term in state prison. Different crimes carry
different possible penalties. You are entitled to a sentencing hearing
to propose why you believe the judge should give you the lowest possible
penalty.
When a guilty verdict is dealt, your defense lawyer can work to
obtain alternative sentencing, such as drug treatment or alcohol
counseling, in lieu of jail time. There are a number of strategies your
lawyer may utilize to help you avoid going to county jail or state
prison.
Appeals
If convicted, your lawyer may file an appeal to an appellate level court with the argument that the trial court made
legal errors. If the defense can prove that the trial court made legal
errors, or you were denied due process of law or a fair trial, it may
result in the reversal of your conviction.
