18 Jan 24
Legal proceedings can be intricate for those unfamiliar with the system due to the involvement of various parties and processes. It is common for individuals facing criminal charges to opt for legal representation to navigate these complexities and safeguard their rights. Criminal defense attorneys play a pivotal role by offering guidance and presenting a defense. They also negotiate plea deals and assist clients in comprehending and navigating legal procedures.
Interestingly, even individuals with prior experience in the criminal arrest process find it complex and require assistance. This underscores the importance of reviewing the process’s overview to help you navigate it better. It is crucial to understand the ins and outs of the system to ensure a smoother experience.
The Categories of Offenses under California Law
The criminal process varies based on whether the offense is classified as an infraction, misdemeanor, or felony.
Infractions
Infractions are the least severe type of criminal violation. They involve minor infractions of the law that are not considered crimes. Examples include:
- Traffic violations like speeding (a violation of VC 22350) or running a red light (a violation of VC 21453).
- Jaywalking, and
- Other regulatory offenses.
Penalties for infractions usually lead to fines or non-criminal consequences, namely imprisonment or probation. In some instances, citations or tickets could be issued instead of arrest. Most fines do not exceed $250.
Misdemeanor
Misdemeanors, which fall between infractions and felonies in severity, are criminal offenses. Examples include:
- Simple assault — A violation of Penal Code 240.
- Petty theft — A violation of Penal Code 484(a).
- Disorderly conduct — A violation of Penal Code 647 and
- Specific drug possessions, for example, possession of a controlled substance — A violation of Health & Safety Code 11350(a).
Convictions for misdemeanors could result in penalties, for example, fines, probation, or community service. In more serious cases, there is also the possibility of a short jail sentence, usually less than one year.
Felonies
Felonies are the most grave category of criminal offenses. They are often linked to significant harm to individuals or society. Examples include:
- Robbery.
- Murder.
- Kidnapping.
- Drug trafficking and
- Certain types of fraud.
Felony convictions entail severe consequences, including:
- Substantial fines.
- Extended imprisonment (over one year).
- Probation, and
- Potential long-term impacts on rights, for example, voting or firearm possession restrictions.
The Criminal Court Process
If you are charged with an infraction, you do not have the right to a jury trial. Instead, trials are conducted as “bench trials” before a judge. While hiring an attorney is an option for addressing the matter, the state is not obligated to provide a public defender if you cannot afford a defense attorney.
Misdemeanors and felonies have different processes. Let us look at each case.
Criminal Court Process for Misdemeanors
In California, misdemeanors follow a well-organized court process. The process involves a clear sequence of steps, namely:
Investigation and Arrest
It begins with a law enforcement investigation, possibly leading to an arrest if there is enough evidence and probable cause.
Investigations could start either due to:
- Suspicions of wrongdoing — Authorities act on received information or observed circumstances. This prompts an investigation, or
- When law enforcement witnesses a person breaking the law — Officers witnessing a crime can lead to an immediate arrest or trigger further investigation.
In the investigation stage, law enforcement conducts interviews and executes search warrants to gather evidence. It is crucial to understand that the Fifth Amendment protects you if you are contacted for an interview during this stage. This means you can remain silent and not be compelled to incriminate yourself.
Additionally, you have the right to assert your Sixth Amendment rights during police interviews and after being arrested. When you assert your Sixth Amendment right to counsel, it means you can request the presence of your attorney during any questioning by law enforcement.
Note: Law enforcement officers read your Miranda rights before conducting a custodial interrogation. This is to apprise you of your constitutional rights under the Fifth Amendment. Miranda rights apply specifically when you are in custody (not free to leave) and facing police questioning.
The subsequent procedural step involves the booking process upon law enforcement officers establishing sufficient grounds for your arrest. Your personal details, including your name, address, and date of birth, are recorded here. The capture of fingerprints and photographs accompanies the details. Simultaneously, information regarding the charges against you is documented.
The law allows bail release if it deems it fit. Bail is a financial arrangement that allows your temporary release under specified conditions while you await trial.
The court determines the bail amount, considering the severity of charges, flight risk, and community ties. By posting bail, you secure release with the understanding that you will participate in all court proceedings. Compliance with the court’s conditions results in the return of the bail amount following the case conclusion.
Alternatively, you could experience release on your own recognizance. This process permits freedom without the need to post bail. The courts rely on your commitment to attend all scheduled court hearings. The decision to release on your own recognizance considers factors including the nature of charges, community ties, and personal history.
Arraignment
Post-arrest, the accused appears before a judge for arraignment. Here, the charges are formally presented, and a plea is entered.
During your arraignment, you are mandated to declare one of three fundamental pleas.
- Guilty Plea
A plea of guilt is an unequivocal admission of the offense. Pleading guilty propels the case swiftly into the sentencing phase, where the court discloses the prescribed punishment.
- Not-guilty Plea
Pleading not guilty means asserting your innocence in the crime. This triggers the commencement of a trial. During the trial, the prosecution is expected to present compelling evidence to establish the charges beyond a reasonable doubt. The outcome of the case can lead to an acquittal or a conviction.
An acquittal, if achieved, ensures the absence of a recorded conviction. However, a guilty verdict during trial invokes the penalties stipulated under the violated law.
- No Contest
You can also plead no contest. The “no contest” plea is legally called “nolo contendere.” Pleading no contest means neither admitting nor denying the charges but embracing the consequences as if you were guilty. Like a guilty plea, this plea moves the case to the sentencing phase, resulting in the accused being considered convicted.
Pre-Trial Process
This phase involves various pre-trial proceedings, for example, evidence exchange and potential negotiations for plea deals.
It is at the pre-trial stage that many cases are resolved. Various legal processes and negotiations unfold. They allow accused individuals to seek resolutions before advancing to a full trial. Several common outcomes define this significant pre-trial phase, including:
- Plea bargains — You and your legal representation can negotiate with the prosecution for a plea bargain. This involves agreeing to plead guilty to a reduced charge or lessening the charges in exchange for a lighter sentence. This will enable you to resolve your case without needing a trial.
- Dismissal of charges — Another potential outcome is the dismissal of charges. The prosecution could opt for dismissal if evidence is insufficient or legal issues arise. Conversely, motions filed by your defense team can also lead to the dismissal of charges.
- Pre-trial diversion programs — You could be eligible for pretrial diversion programs, especially relevant for first-time offenders or those facing non-violent charges. These programs often include rehabilitation or community service. A successful completion could result in the dismissal of charges.
- Legal motions — You and your legal representative can file legal motions during the pre-trial phase. These motions can address issues related to evidence, witness testimony, or other legal intricacies. Resolving these motions becomes crucial to shaping the trajectory of your case.
The duration of the pre-trial process is inherently flexible. In some instances, it could extend up to 45 days. However, this timeframe is subject to variation based on factors like the complexity of your case, the volume of evidence, and the intricacies of legal motions.
Discovery, as part of the pretrial process, plays a crucial role. At this stage, the prosecution and defense actively collect and exchange information, evidence, and relevant documents on the case.
Trial
The case proceeds to trial if your attorney and the prosecution do not resolve. Both sides present their cases, witnesses testify, and a judge or jury determines guilt or innocence.
The Sixth Amendment guarantees your right to a speedy trial. The constitutional provision emphasizes the importance of a timely resolution of criminal charges.
Two primary trial processes, bench trials and jury trials, offer distinct approaches to adjudicating legal matters:
- Bench Trials
In a bench trial, the case is solely heard and decided by a judge, eliminating the involvement of a jury. The judge is responsible for determining both legal and factual questions. This includes:
- Evaluating evidence.
- Listening to witness testimony and
- Considering legal arguments from both the prosecution and defense.
Ultimately, the judge renders a verdict. Bench trials are typically chosen when intricate legal issues require meticulous consideration and the judge is perceived as better suited to make impartial decisions.
- Jury Trials
In contrast, a jury trial involves selecting a group of individuals, known as the jury, to participate in the proceedings and reach a verdict. The jury’s role is to decide factual questions. The judge, on the other hand, oversees legal matters and ensures adherence to legal procedures. The jury listens to witness testimonies throughout the trial and reviews the presented evidence. Further, following instructions from the judge, the jury engages in deliberations to reach a unanimous or majority decision.
Criminal Court Process for Felonies
Felonies are more severe offenses. Convictions can result in fines up to $10,000 or life imprisonment. Despite some similarities with misdemeanor court processes, notable deviations exist due to these offenses’ distinct nature and severity. Let us look at the court process in detail.
Investigation and Arrest
While the investigation and arrest process for felonies mirrors that of misdemeanors, a key distinction emerges. It is more likely that you will remain in custody after a felony arrest. This likelihood is notably higher, given the heightened severity of felony charges.
Arraignment
Unlike misdemeanor cases, felonies are subjected to two hearings:
- The first occurs at the commencement of criminal proceedings.
- The other occurs following the preliminary hearing.
In felony cases, similar to misdemeanors, prosecutors generally adhere to a 48-hour window to arraign an individual post-arrest. This window excludes weekends and holidays from the calculation.
Note: Delays beyond this period do not automatically imply police misconduct. However, it could be grounds to challenge your case. The 48-hour rule is in place to ensure the prompt presentation of the accused before a court, thus safeguarding their rights.
Practical considerations acknowledge exceptions and justifiable delays. Arraignments take place within a few weeks to a few months post-arrest, accommodating the intricacies of legal processes.
Like misdemeanor cases, the arraignment is the inaugural court appearance in felony cases. Here, the charges are formally presented.
Preliminary Hearing
The preliminary hearing, commonly known as a “prelim” or a “probable cause hearing,” takes place before a judge. Here, the prosecutor presents evidence relevant to the charged crime, and the judge addresses two key questions:
- Is there probable cause to believe that a crime occurred?
- Is there probable cause to believe that you committed that crime?
These questions determine whether there is a reasonable basis to proceed with criminal charges. If the judge affirms probable cause after the preliminary hearing, the case proceeds to the trial court for further pretrial proceedings and, eventually, trial.
Conversely, certain charges will be dismissed if the judge finds a lack of probable cause for a charge. The prosecution will then have the option to:
- Refile charges with additional evidence.
- Negotiate a plea deal or
- Choose to drop the charges altogether.
The specific outcomes hinge on legal procedures, the prosecutor’s decisions, and other case-specific factors.
Second Arraignment
A second arraignment should happen within ten days. This follow-up arrangement is similar to the first one. It is at this hearing that you will enter a plea.
Pre-Trial and Trial Process
The pre-trial and trial processes for felony cases have steps similar to misdemeanor proceedings. However, the key differentiator here is time. Felony cases tend to draw out the timeline. So, you will go through the steps outlined above, but they are at a more measured pace when dealing with felony charges.
Your Post-Trial Options
After the conclusion of a criminal trial involving either a misdemeanor or felony offense, several courses of action are available:
Motion For a New Trial
You can pursue this recourse in instances of significant legal errors or the discovery of new evidence that could impact the verdict. It serves as a post-trial option to request a fresh start.
The acceptable grounds for a new trial include:
- If a guilty verdict is tainted by jury misconduct,
- Prosecutorial misconduct.
- An error of law by the court, or
- Insufficient evidence.
To do so, file a motion before the judge pronounces judgment, usually during a California sentencing hearing. If the judge grants the motion, the new trial begins with a clean slate. It erases the previous trial as if it never happened.
Attendance at a Sentencing Hearing
When a judge renders a verdict, a sentencing hearing is scheduled. At this stage, the judge determines the appropriate punishment. This stage allows the defendant, their legal counsel, and prosecutors to present arguments about sentencing.
During sentencing, the judge evaluates both mitigating and aggravating circumstances. Mitigating factors could lessen the punishment’s severity. On the other hand, aggravating factors contribute to a more severe sentence. The objective is to achieve a fair and equitable outcome by carefully considering the unique details and circumstances of the case.
Filing An Appeal
In cases where there are legal grounds to challenge the verdict or aspects of the trial, you can file an appeal. This formal request entails seeking a higher court’s review of the decision to assess whether any errors occurred during the trial.
Filing an appeal does not mean initiating a new trial. Instead, it involves the higher court reviewing the lower court’s decision to identify potential legal errors. The appellate process does not include reexamining evidence but concentrates on legal procedures and interpretations. A successful appeal could result in:
- Modifications to the previous decision.
- A retrial, or
- Other appropriate legal remedies, depending on the specifics of the case.
Contact an Experienced Criminal Defense Attorney Near Me
The court process is undeniably intricate. It is advisable to seek the services of a Van Nuys criminal defense attorney to navigate this complexity and increase the chances of securing the best legal outcome in a criminal case.
At Leah Legal, our expertise is pivotal in preventing pitfalls while navigating the criminal justice system. We will help you strategically guide the legal system. Additionally, we will provide a strong and tailored defense for your specific situation. All our efforts aim to secure the best legal outcome in your criminal case, whether it is an infraction, misdemeanor, or felony. Contact us at 818-484-1100 to schedule a free case evaluation.
