What happens when you get arrested and/or charged with committing a crime.

There are three different types of criminal charges that one can be charged with: Infractions, Misdemeanors, & Felonies. Each can be charged at eithther the state or federal level. Here is a basic sequence of court events for each type of crime for state court:


Infractions     |     Misdemeanors     |     Felonies
Infractions

Infractions are crimes that cannot be punishable by imprisonment in jail. As such, you are not entitled to a trial by jury, nor entitled to be appointed a Public Defender, unless in custody. The most common infractions are vehicle moving violations or jaywalking.

If a you wish to fight the charges, however, you are entitled to hire your own attorney and to set the matter for what is know as a "bench trial," where a judge, not a jury, hears the case. The maximum sentence involves a fine.


Misdemeanors

Misdemeanors are punishable by a maximum fine of $1000 and a county jail term of less than one year. However, some offenses exceed those limits; for example, Domestic Violence can carry a $6000 maximum fine. Common examples of misdemeanor violations include petty theft, prostitution, vandalism, and drunk driving (DUI).

Investigation/Arrest
Typically a misdemeanor is briefly investigated by a law enforcement officer. Usually an encounter where the police detain someone. If the police decide that they have probable cause to arrest, then an arrest is made - police take the suspect to jail.

O.R. Release & Bail
Once at the jail, three things can happen:

The defendant is released - no charges are filed. The defendant posts bail/bond or is released on his or her own recognizance ("O.R.") and is scheduled for arraignment. The defendant remains in the custody of the law enforcement agency and is transported to court for arraignment.

When you or someone you care about is arrested, we know that one of the first things you want to do is get them out. How cen you get them out? How about bail? Can it be lowered? Or can they be released on his own recognizance (O.R.)?

In misdemeanors and infractions, if you are arrested you may be released with a citation based upon your promise to appear in court on the date scheduled. Release on your "own recognizance" to appear at all future court dates. If you go to all court appearances, then you never have to worry about bail or being in custody while their case is unresolved. But if you fail to appear in court, a bench warrant will be issued for your arrest and you can be charged with a failure to appear.

Each county has a bail schedule, which lists the bail that applies to each different type of case. It is possible to get that amount lowered, depending upon the type of crime that is charged, and the history of each individual defendant. The court considers such factors as whether the defendant is a danger to the community, and whether or not the defendant is a flight risk.

Bail may be posted directly with the court clerk or law enforcement agency having custody of the defendant. Or a bail bondsman may be used. Usually a bail bondsman will require a fee of around 10% of the amount of the bail. The bail bondsman may also require collateral to secure the bond.

We can be extremely helpful in getting bail reduced, or helping a you or your loved one to be released on his or her own recognizance.

Arraignment
The misdemeanor arraignment is the first appearance in court. The following events occur:

The accused is informed of the charges against him/her and their constitutional rights, then, typically, enters a plea of guilty, not guilty or no contest. Not Guilty: The defendant states that he or she did not commit the crime. Guilty: The defendant admits that he or she committed the crime and is in effect, convicted. No Contest: Also known as "Nolo Contendere." The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.

If the defendant is still in custody, they are released on his or her "Own Recognizance," or the court sets bail and the defendant is remanded to the custody of the Sheriff.

Pretrial
At the pretrial hearing, there is an exchange of information between the prosecution and the defense known as discovery. Pretrial motions may also be filed and heard before the start of the trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. This is also the time where prosecutors and defense attorneys negotiate the strengths and weaknesses of their respective case in order to try to strike a plea bargain agreement.

Jury Trial
If the accused is not made an offer by the prosecution that they are willing to accept, Penal Code section 1382 specifies the time periods within which a defendant charged with a misdemeanor must be brought to trial:

If the defendant is in custody at the time of arraignment, the trial must begin within 30 days of arraignment or plea, whichever is later.

If the defendant is not in custody at the time of arraignment, the trial must begin within 45 days of arraignment or plea, whichever is later.

If the defendant waives the right to a speedy trial (enters a time waiver or "waives time") or requests/consents to the case being set beyond the statutory periods, the court must begin the trial within ten days of the day the case is set or continued for trial, commonly referred to as 0 of 10.

Before a trial can begin, the attorneys must select a jury. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Appellate Department of the Superior Court.

Court Trial
In lieu of a jury trial, the defendant may agree to proceed with a court trial (also known as a "bench trial"), in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty.


Felonies

Felony crimes are punishable by a state prison term (one year or more) or death. Common examples of felony crimes are murder, possession of dangerous drugs, robbery and rape.

Investigation/Arrest
Typically a felony is briefly investigated by a law enforcement officer. Sometimes the use of search warrants, stake-outs, and under-cover investigations are used. If the police decide that they have probable cause to arrest, then an arrest is made - police take the suspect to jail.

Once arrested, three things can happen: The defendant is released - no charges are filed. The defendant posts bail/bond or is released on his/her own recognizance ("O.R.") and is scheduled for arraignment. The defendant remains in the custody of the law enforcement agency and is transported to court for arraignment.

When you or someone you care about is arrested, we know that one of the first things you want to do is get him out. Well, how you get him out? How about bail? Can it be lowered? Or can he be released on his own recognizance (O.R.)?

Bail is usually more of an issue when it comes to arrests for felonies and "wobblers." (Wobblers are cases that can be charged as either felonies or misdemeanors.) In those cases, while it is possible to be released on their own recognizance, a bail hearing may be required.

Each county has a bail schedule, which lists the bail that applies to each different type of case. It is possible to get that amount lowered, depending upon the type of crime that is charged, and the history of each individual defendant. The court considers such factors as whether the defendant is a danger to the community, and whether or not the defendant is a flight risk.

Bail may be posted directly with the court clerk or law enforcement agency having custody of the defendant. Or a bail bondsman may be used. Usually a bail bondsman will require a fee of around 10% of the amount of the bail. The bail bondsman may also require collateral to secure the bond.

We can be extremely helpful in getting bail reduced, or helping a you or your loved one to be released on his or her own recognizance.

Arraignment on the Complaint
A felony arraignment on the complaint is the defendant's first court appearance. The following events occur:
The accused is informed of the charges against him/her and their constitutional rights, then, typically, enters a plea of guilty, not guilty or no contest.

Not Guilty: The defendant states that he or she did not commit the crime. Guilty: The defendant admits that he or she committed the crime and is in effect, convicted.
No Contest: Also known as "Nolo Contendere." The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.

If the accused is still in custody, the court sets bail and the defendant is remanded to custody, or the defendant is released on his or her "Own Recognizance" or "O.R."

Preliminary Hearing
A preliminary hearing is held to determine if there is sufficient evidence that the defendant committed the crime and should therefore be "held over" for trial.

If the accused is "held to answer," the prosecuting agency files a document called the Information.

Arraignment on the Information
At the Arraignment on the Information, the accused is again advised of their constitutional rights and the nature of the charges pending against them. Again the enter a plea of Not Guilty, Guilty or "No Contest." If a Not Guilty plea is entered then the court sets pretrial and trial dates.

The defense is also presented with a copy of the transcript from the preliminary hearing. Based on the facts that were entered into evidence at the preliminary hearing, we can file a 995 motion to dismiss, alleging that the holding order at the preliminary hearing was not lawful and request that a new preliminary hearing be conducted or that the case be dismissed. Typically, 995 motions are heard during pretrials, along with any other pretrial motions.

Pretrial
At the pretrial hearing, there is an exchange of information between the prosecution and the defense known as discovery. Pretrial motions may also be filed and heard before the start of the trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. This is also the time where prosecutors and defense attorneys negotiate the strengths and weaknesses of their respective case in order to try to strike a plea bargain agreement.

Jury Trial
If the accused is not made an offer by the prosecution that they are willing to accept, Penal Code section 1382 specifies the time periods within which the accused is charged with a felony must be brought to trial.

The Information must be filed within 15 days of the date the accused was "held to answer" at the preliminary hearing.

The trial must begin within 60 days of the arraignment on the Information, unless the accused enters a general waiver of the statutory time requirement or requests/consents to a date beyond the 60-day period.

Before a trial can begin, the attorneys must select a jury. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the accused is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Appellate Department of the Superior Court.

Court Trial
In lieu of a jury trial, the defendant may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty.

POST CONVICTION
If you enter a plea of guilty or no contest in your case, or are found guilty by a judge or jury after a trial, your defense does not stop there.

Dug Court, Deferred Entry of Judgment and "Prop 36"

If your conviction was based on an eligible crime and you qualify under specific criteria, you may be able to take advantage of several programs by which your conviction will be reversed, the case dismissed, and your record cleared. If the charges are such and you qualify, we will ensure that you are allowed to take advantage of these resources.

In fact, in 2004, Penal Code section 851.90, now makes it possible to have the records of the arresting agency and related court files sealed!

Progress Reports
If the court placed you on probation, it is likely that you will need to appear in court to show the judge that you are complying with the orders the court made.

Typically, the court will order attendance at Alcoholics Anonymous meetings, or Domestic Violence/Anger Management classes, or DUI classes. So long as you attend as ordered and comply with the courts orders, everything will be fine and you may be eligible to expunge your case when probation terminates (see below).

If you do not remain in compliance with the court's orders, the court will revoke probation and you could be subject to receiving the maximum sentence in your case. Before re-sentencing, you are entitled to a hearing to determine whether or not you were in compliance with the probation order. This is know as a "Probation Violation Hearing." Often times, Los Angeles Criminal Defense will be able to broker an agreement with the judge and prosecutor to avoid having the maximum sentence imposed.

If you fail to pay a fine as promised/ordered, the court may order and issue a warrant for your arrest. Further, you may be punished by jail and/or a fine, regardless of the disposition of the original charge. Alternatively, the court may apply civil penalties to enforce the monetary conditions of a sentence.

APPEALS
If the conviction was wrongful, an appeal may be necessary to protect your rights.

For misdemeanor cases, a Notice of Appeal must be filed within 30 days of the date of the judgment or order. For felony cases, a Notice of Appeal must be filed within 60 days of judgment or order.

Expungement
An expungement is a process by which a conviction or plea (of Guilty or No Contest) in a criminal action is set aside and the case is dismissed. It relieves you of certain penalties and disabilities that result from a criminal action. You may file an expungement petition after you have fulfilled all terms of probation, or have been discharged from the original term of probation, or have not been placed on probation and all your sentence terms have been completed. In fact, in 2004, the legistlature enacted Penal Code section 851.90 which makes sealing of records possible.


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