There may be as many as eight steps in an average case.
There are few things in life that are more stressful than being charged with a crime. For most people, facing the unknown — What will happen to me? Will I go to jail? What happens next? — leads to constant anxiety. While it can be difficult to predict with certainty the outcome of any criminal case, knowing the California criminal process can help to ease some of the stress as you prepare for what is ahead.
An experienced Los Angeles criminal defense lawyer can help you through each stage of the California criminal process, which typically starts with an arrest. While not all people charged with crimes will be formally arrested, in most cases, law enforcement will place a person under arrest and then take them into custody.
At this point, if a suspect in a California criminal case is in custody, he or she will generally be given the opportunity to pay bail in order to be released. California’s bail system is currently being reformed, but at present, bail is usually based on a person’s flight risk, the seriousness of the crime, and any prior criminal history.
An arraignment is the first court appearance for a defendant in a California criminal case. At the arraignment, the judge will read the charges filed against the defendant, and ask the defendant how he or she pleads: guilty, not guilty or no contest. The judge will also explain basic rights, such as the availability of court-appointed attorneys, to the defendant. At the arraignment, the judge will review bail and set other court dates. A Los Angeles criminal defense lawyer can represent a defendant at this hearing, and can make arguments regarding bail.
Next, there will likely be a number of preliminary hearings where either both sides present arguments to the judge about whether there was probable cause for an arrest or the prosecution presents evidence to a grand jury to request an indictment. If there was not probable cause, the case will be dismissed.
Otherwise, the case will move forward and will proceed to pre-trial motions. Motions are legal papers that a Los Angeles criminal defense lawyer can file asking for certain things, such as to suppress certain evidence, to limit the introduction of other evidence, or for any number of other things. The prosecution can also file motions during this time, and both sides will exchange information during a process known as discovery.
Finally, once all pre-trial motions have been resolved, the trial will begin. Each side will have an opportunity to present evidence and question witnesses. It is the prosecution’s burden to prove that a defendant committed a crime beyond a reasonable doubt.
If a defendant is found guilty by a judge or jury, then the next phase begins: sentencing. At this point, the court determines the appropriate punishment, based on a number of factors, including the defendant’s criminal history, the nature of the crime, and the degree of remorse felt. A Los Angeles criminal defense lawyer usually presents a sentencing memorandum to argue in favor of a lighter sentence at this stage.
Finally, if the defendant and his or her attorney believe that the judgment was in error, they can file an appeal, which is a request for a higher court to review the trial. The higher court may reverse the conviction or require a re-trial if it agrees that an error did occur.
Understanding how the trial process works can reduce the stress of the criminal process. Another way to feel less anxiety about being charged with a crime is to have a highly qualified Los Angeles criminal defense lawyer to represent you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.
