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San Diego Criminal Lawyer

Criminal Process

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The criminal defense lawyers at the Law Offices of James J. Warner understand the criminal process and can provide critical advice as your case moves through the legal system. The process can appear to be complex and confusing. However, with an experienced criminal defense attorney on your side, the process can be used to your advantage. As always, our goal as criminal defense attorneys is to protect your rights and freedom.

You’ve been arrested. One of three thoughts is probably going through your mind right now:
1) I can’t believe I was that stupid 2) I can’t believe I got caught 3) I can’t believe I was just arrested because I did not commit a crime
No matter which particular thought is going through your mind, you are probably scared, particularly if you have never been arrested or been to prison/jail. Depending on the seriousness of the crime for which you have been charged, you may be feeling an overwhelming sense of anxiety.

"I can’t believe I was that stupid" If you fall under this category, all is not lost. There are things a good San Diego criminal lawyer can do to help you in your situation. Your attorney should have the experience and skill necessary to defend you at every stage of the criminal proceedings.

"I can’t believe I got caught" The prosecution has the burden of proving beyond a reasonable doubt that you are guilty of the crime for which you have been charged. But just because the police say they caught you does not necessarily mean that they have the evidence to prove it. A good criminal defense lawyer will know the difference. We pride ourselves on providing the best possible defense for your criminal case.

"I can’t believe I was just arrested because I did not commit a crime!" Being accused of a crime you didn’t commit is a terrifying situation. It is everyone’s worst nightmare to go to prison for a crime they did not commit. Unfortunately, the reality is that innocent people go to prison every day in this country. Our system of criminal justice is not perfect and you need a criminal defense attorney who believes in you and is willing to fight for your innocense.

What to do The criminal defense lawyer you hire can make an important difference in the outcome of your case. An experienced attorney will know the best strategy for your particular case. As criminal defense attorneys, the lawyers at the Law Offices of James J. Warner have had the opportunity to represent hundreds people charged with a variety of crimes, from DUI to murder and everything in between. When the government has charged you with a crime and is attempting to take away your freedom, the weight of the heavy hand of law enforcement can be overwhelming. We have a real passion for representing individuals against the government. We believe that every individual has the right to have an advocate fight on his or her behalf. If you have any questions or concerns, please feel free to contact The Law Offices of James J. Warner and schedule a consultation. It would be our pleasure to represent you and obtain the best possible result.

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

Types of Crimes in California

The Attorney’s Role
The role of a criminal defense 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, a criminal defense lawyer can only help you if you make the first step in obtaining one. It is often in your best interest to obtain a criminal defense 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.

Also, a person has the right to be represented by the lawyer of their choice. This means that it is almost never too let to hire a private criminal defense attorney (where a person is first represented by the public defender) or change attorneys (where a person is not satisfied with their current criminal defense lawyer). One of the most important decisions a person makes is the right criminal defense attorney. That criminal defense attorney must not only know the law and have the experience necessary to protect your rights, he/she must also be able to work with you as you case goes through the legal process.

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 criminal defense counsel, due to the fact that you make the decision on who it is rather than the court and generally private criminal defense attorneys 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 criminal defense 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 typically requires a 10% fee paid to the bail bondsman (along with collateral in some cases). 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), your criminal defense 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. Our criminal defense attorneys have been very successful in getting bail reduced.

Decision to File Charges
In California, the prosecutor has the sole power to choose to file or drop charges against you. Often, your criminal defense attorney can talk to the prosecutor before charges are filed in order to provide evidence that you should not be charged with a crime or be charged with a lesser crime. Ie. Misdemeanor instead of felony. This can be a critical step to be taken by your lawyer.

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 a criminal defense 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
Your criminal defense 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. The bargaining process is different in every case. The best deals come from hard work. Your criminal defense attorney must first have a complete understanding of your situation and then be able to use his knowledge and experience in prior dealings with the prosecutor and judge in the negotiations. Often, the bargaining process can last for months. You deserve an attorney who will fight long and hard for you. Of course, in some situations, an acceptable agreement cannot be reached with the prosecution. In that case, you need a criminal defense attorney who is skilled and experienced at trial.

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 the best criminal defense attorney you can find. The Law Offices of James J. Warner has taken more than 200 cases to trial.

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. The judge often has many options in sentencing including whether or not to impose custody, length of custody, alternatives to custody, whether to grant probation, and the amount of any fines. At this stage of the proceeding, your criminal defense attorney again plays a vital role in obtaining the best result.

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

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