THE ARREST
No one plans on getting arrested. Law enforcement officers arrest an individual based on probable cause that they have engaged in an illegal act. After an arrest, the police do not file the charges. They only provide necessary reports and evidence to the prosecution, who will then determine whether charges should be filed or not and if they should, what types of charges. After an arrest, the most important thing is to remain silent and contact a good criminal defense lawyer without delay. An attorney will advise you on your rights and what you should do to avoid incriminating yourself.
If the officer arrested you without a probable cause, failed to read you your Miranda Rights, conducted an illegal search and seizure violated your rights or state and/or federal law, or otherwise violated police protocols, this could result in a dismissal. In this case, you need an experienced criminal lawyer to file pre-trial motions and have the evidence suppressed. There may also be the need to get bailed out of jail. With an attorney, you may be able to get a 20% discount of the bail bond fee. So, if you’ve been arrested or suspect you may soon be arrested, get legal counsel and assistance as soon as possible.
FORMAL CHARGES
If the D.A. decides that there’s sufficient evidence to pursue the case and that it seems highly likely that the alleged crime occurred, they will go ahead and file a criminal complaint with the court to show that they are filing charges. This document gives a comprehensive description of the alleged criminal offense. However, even at this point, there’s still room for pre-trial negotiations or a plea bargain. Also, it’s possible that charges already filed initially will be dropped once more facts and evidence are presented by the defense.
THE ARRAIGNMENT
A defendant is usually arraigned within 72 hours of their arrest. It is the first court date where you will be formally read your rights and the charges against you. You’ll also be given conditions to follow as your case proceeds. It is during this stage that bail is set, depending on whether a person is a risk of flight or whether they pose a threat to the community. In some instances, bail is not allowed. Your attorney may be able to argue that you’re a flight risk and can bring a motion to reduce the bail amount.
You’re also required to enter a plea of guilt, not guilty, or no contest. The discovery process begins at the arraignment. This involves the exchange of information including, but not limited to medical reports, police reports, diagrams, photographs, audio or video, probation reports, witness statements, and viewing of physical evidence. Your defense attorney must also provide the prosecution with the evidence they’re using in the case.
At Orange County Criminal Lawyer, we know how to skillfully negotiate a plea and will never settle for a deal that’s not in your best interests.
THE PRELIMINARY HEARING
Even after a failure to come to an agreement or have the charges dropped, there’s still room for your attorney to negotiate and provide more evidence in your favor. The discovery process continues and the defense attorney will gain more evidence from the prosecution. Generally, preliminary hearings are held in all felony offenses and are meant to review probable cause. But, there’s a similar pre-trial hearing that happens with misdemeanors. The principle for these hearings is the same with the only difference being that in felony charges, things are typically done on a large scale.
This stage is essential for the judge to decide whether the evidence provided is enough to support the charges filed. If there’s probable cause, the judge refers the case to the Superior Court for trial. Additional charges or readjustments of the bail can be made at this the preliminary hearing. This stage can end with either a plea deal, dismissal, or lead to a trial.
THE JURY TRIAL
Most criminal cases never go to trial, and this is why you need a law firm that is well-versed with pre-trial interactions and experienced negotiation skills. But if your case goes to trial, you’ll need a criminal defense law firm with past courtroom victories and who can develop a solid defense strategy to fight the charges against you. During the trial, we’ll present evidence and argument in your best interests, while working to challenge the evidence being used by the prosecution. We also bring in witnesses and experts who can testify on your behalf.
Usually, the prosecuting attorney and defense attorney will contest for the support of the jury and will as well make appeals to the judge. Our main objective is every case we handle is to win with an acquittal. If that is unrealistic, we fight for a favorable plea deal to have the charges reduced. This can result in reduced penalties and that means that you may be able to avoid actual jail time. In other cases, deferred entry of judgment and diversion program can result in the ultimate dismissal of the case following successful completion of probation.
APPEALS
In the event that you’re convicted, we may file a petition to an appellate court arguing that there were legal errors made by the trial court. If we can prove that you were denied due process of law or the court made legal errors, this may lead to the reversal of your conviction.
At Orange County Criminal Lawyer, we work hard to build a foundation for achieving the best possible outcome for your case. We’ll guide you through every step of the process and make timely legal moves necessary to win the most favorable outcome.