Criminal Process

Quick Contact


access code

It is first important to know the difference between the types of crimes in California.

The Attorney’s Role
The role of an attorney in the criminal process is to obtain the best possible outcome for his client. This could include getting all charges against a client dismissed, winning the case at trial, or if the attorney determines that a plea bargain is in the client’s best interest, negotiating the least serious charge and the smallest penalty (if applicable) possible.

Of course, an attorney can only help you if you make the first step in obtaining one. It is often in your best interest to obtain an attorney as early as possible in the process. This includes even if you only suspect or have advance notice that you may be charged with a crime.

If you are unable to afford an attorney, you may request that the court appoint you a public defender to handle your case. It is typically better to obtain private counsel, due to the fact that you make the decision on who it is rather than the court and generally private counsel have more resources and time to allocate to your case, but in the event that you cannot afford one, a public defender is certainly better than no attorney at all. It is important to note that if the court does appoint a public defender for you and it is found that you are able to pay, the court may require you to reimburse the County for some or all of the costs of the public defender.

Arrest
Felony arrests must be founded upon probable cause. Many cases debate the existence of probable cause for an arrest and this may be a suitable ground on which your attorney may attack the strength of the charges against you. Simply stated, the police must act on what they reasonably believe to be credible information.

Misdemeanor arrests can only be made when the crime is committed in the presence of the person making the arrest.

Bail
Bail is first set by the arresting officer or the watch commander at the time of arrest. The bail amount is generally set according to a “bail schedule” set by the court in each county.

Bail is made with cash or a bond. A bond requires a 10% fee paid to the bail bondsman along with collateral. The 10% fee is not returned to the defendant. If bail is paid in cash instead of with a bond, the entire amount, minus small administrative fee taken by the court, is returned to you at the end of the case. This requires that you make all required, scheduled court appearances.

At arraignment (explained below), you (or your attorney) can make a motion to have bail reduced. There are also other (limited) opportunities to make a motion to reduce bail, but typically such motions are made during arraignment.

Decision to File Charges
In California, the prosecutor has the sole power to choose to file or drop charges against you.

Arraignment
Arraignment is when you are formally charged with a crime by the prosecutor in open court before a magistrate or judge.

In felony cases, you plead not guilty at arraignment.

In misdemeanor cases, you typically plead not guilty. There are, of course, exceptions, but no one should plead guilty without first consulting an attorney. In addition, in California, if you are represented by an attorney, he/she will typically appear in court without you and enter the plea of not guilty.

Note that under California law, the police may hold you in custody for up to 72 hours after his/her arrest before you are arraigned. This excludes weekends and court holidays.

Plea Bargaining
If your attorney determines that a plea bargain is in your best interest, then the attorney will meet with the prosecutor (and sometimes the judge) to negotiate the best possible plea for you. This may include (but is not limited to) negotiating a lesser charge or a lesser punishment for the original charge.

Trial
If a case is not resolved by dismissal of charges or plea bargaining, then a trial will take place. In California, you have the right to a jury trial for both felony and misdemeanor charges. It is extremely important that at this stage that you are represented by a competent attorney.

Sentencing
If you plead guilty as part of a plea bargain, or if you are found guilty after a trial, the court will then impose a sentence.

Law Offices of James J. Warner
3233 Third Avenue
San Diego, CA 92103
Phone: (619) 243-7333
Fax: (619) 243-7343

line