When being charged with a criminal offense, there are three categories your case can fall into. They are:
Some crimes that are most likely to be charged as misdemeanors include public intoxication, theft, and trespassing. A misdemeanor can result in a sentence of up to a year in prison. Misdemeanors also often come with a fine between $1,000 to $2,000.
Felonies are used for the most significant criminal charges. A felony can result in life in prison or probation. Crimes under this category can include domestic violence, some cases of DUI or DWI, murder or manslaughter, and assault.
Infractions do not result in prison time. These are often traffic violations or other minor issues. Infractions may result in a fine, and there is usually not a full trial conducted for an infraction. This means there’s no jury or public defender assigned to these cases. Infractions are the least severe of the types of criminal offenses in California.
Some crimes can fall into multiple categories or a gray area between misdemeanor and felony. In these cases, the defendant can be charged for either a misdemeanor or felony and they are called “wobbler offenses.” Prior convictions or the use of a weapon can have a significant influence on whether the case is determined a felony or misdemeanor.
The following are some examples of wobbler offenses:
This is not an exhaustive list, but these are some of the crimes that may fall into multiple categories.
Understanding which category your offense falls into is important in determining what kind of sentence you may be facing if you are convicted. If you have been charged with a crime, it is crucial to speak with an experienced criminal defense attorney to discuss your case and your options.
There is not necessarily a quick process to go from being arrested to court. There are a few steps in the court process when you are arrested.
Arraignment is after you have been arrested, and it’s your first time in court for the claims brought against you. During this time, you are:
It’s important to have a trusted attorney by your side during this process.
If bail is an option for you, it will be set during your arraignment. Bail is an amount of money that can be paid for your release. This is to ensure you are committed to your future court dates and are less likely to try and run away.
The pre-trial conference, also referred to as a “status conference,” is a meeting between you, your attorney, the prosecutor, and the judge. You might be offered a plea bargain or an agreement between you and the prosecutor that might lower your charges if you plead guilty. You want to have an attorney during this time so they can help determine if the plea bargain is fair. The case can also be dropped during this phase of the process as well.
There are two choices if your case goes to trial — a jury trial or a court trial. A court trial is listened to and decided on by a judge, while a jury trial includes a jury of peers to make the decision. They must find the defendant guilty beyond a reasonable doubt to prosecute the defendant.
Once a verdict is reached, the judge will announce the sentence. If you are found guilty, you might have to serve jail time, probation, pay fines, or do community service. If you are found not guilty, then you go free and receive no punishment.
If you are not happy with the decision or sentence, you can file an appeal. This is a request to have a higher court review your case. Not all cases are accepted to be reviewed by an appeals court. You must have new evidence or show that there was some legal error for your case to be appealable.
Criminal defense attorneys often charge an hourly rate instead of a flat fee for their services. Sometimes, if a case is complex, attorneys will charge an hourly rate as well, and these rates vary between different criminal defense attorneys. Since rates can depend on the skill level of the lawyer, they can vary from anywhere between $250 to $750 an hour.
You can ask family or friends for recommendations, look up attorneys in your area online, or contact your local bar association. Look for reviews and testimonials of each lawyer as well to help you make the best decision.
A criminal defense lawyer’s job is to protect their client’s constitutional rights and make sure they are treated fairly by the criminal justice system. The attorney investigates the case against their client, negotiates with prosecutors, and represents their clients in court. Criminal defense lawyers can help reduce the number of consequences for your criminal case.
Choosing a criminal defense attorney can be a difficult task. The following are some good questions to ask a potential criminal defense lawyer for your case:
Property and privacy rights are some of the most important for American citizens. Police are only allowed to search your vehicle or home if they have a warrant, if they have probable cause, or if you give explicit consent for them to do so. You are never required to consent a police search of your property, and you should never feel pressured to do so. If you believe that you were the victim of unlawful search and seizure, contact The Law Office of Jacqueline Goodman immediately to safeguard your rights.
No. Law enforcement officers are not legally required to "read your rights" at the time of your arrest. The Miranda warning is only required if law enforcement plans on using your statements against you in court. Additionally, the warning is only required if you are in police custody. If the police want to ask you questions that might elicit incriminating answers, they will probably read the Miranda warning just to be safe. Consult a defense attorney before speaking with law enforcement so you can be safe.
You cannot be arrested or charged with a crime for exercising your right to remain silent. The Fifth Amendment allows you to remain silent and avoid giving testimony against yourself. If a police officer tries to intimidate you into waiving your rights, do not believe them and insist on speaking with a lawyer as soon as possible. Judges cannot set a high bail for not cooperating with law enforcement, but some officers try to make you think that you are required to give a statement. In reality, officers may try to scare you into making a statement so that it will be easier to obtain a conviction later.
A grand jury is a collection of individuals used to determine whether or not there is enough evidence to take a case to trial. For example: If you were arrested for a drug crime, a grand jury might be used to figure out whether or not the prosecution has a legitimate case against you. The grand jury will base its determination on witness testimony, documents, and other available evidence. At the end of the proceedings, the jury will decide whether or not the case will actually go to trial. If there is not enough evidence to conduct a trial, your case will not move forward. Grand juries are typically reserved for high-level felonies and federal crimes.
Typically, the prosecution pursues charges with enough evidence to back them up. In other words, the prosecution will look for a legally sound case. If a case contains some kind of inherent flaw, it probably isn't worth pursuing. Then, prosecuting attorneys decide whether or not there is enough evidence to pursue a conviction. If there isn't, the case will probably be dropped, or another charge will be considered. "Enough" evidence is determined by the quantity of the evidence held against you and the quality. For example, if the prosecuting attorney has a large quantity of questionable evidence, they probably still won't pursue that particular case because of its potential holes. You can only be prosecuted once per alleged offense, so prosecutors have to be careful when deciding when to act.
Yes. A skilled defense attorney is imperative even if you plan on taking a plea bargain. A lawyer can help you decide if the plea bargain is really your best option. Additionally, your lawyer can help you determine whether or not the prosecution has enough evidence to offer you a plea bargain for a specific offense. Without a lawyer, the prosecution might assume that you are going to plead guilty and offer you an unreasonable bargain. An attorney can help you negotiate for an agreement.
Yes. It doesn't matter if you actually committed a crime; you are subject to the same fines and penalties as everyone else in the event of a conviction. A defense attorney can fight aggressively to make sure that your rights are protected, though.
If you are facing criminal charges in California, it is important to hire a qualified criminal defense attorney to represent you. The outcome of your case could have serious consequences, and an experienced lawyer can help you navigate the criminal justice system and give you the best chance at a favorable outcome.
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