A lot of people who haven't been charged with a crime in California wonder what the criminal procedure is all about. How does it work? Am I looking at jail time? Am I going to have a record for the rest of my life? How is this going to impact me, my family, my future, and my career?
These are all great questions, but they're scary because when somebody gets arrested, they lose control. They don't know what's going to happen, and they're looking for answers.
This section is designed to provide you with some of those answers. Your first crucial step, if possible, is to engage a seasoned criminal defense attorney from your local area. Their familiarity with the courthouse where your case is pending will be invaluable in guiding you through the process.
They will be able to inform you in advance about the exact sequence of events, the key areas of concern, and the actions you can take to assist them. During client meetings, we thoroughly review the entire case, providing clients with a comprehensive understanding of their situation.
We talk about their case. Of course, I'm looking for an honest account of what happened so that I can give them an accurate, honest account of what they're looking at. This honesty is crucial, as it forms the basis of our discussion and your defense.
Criminal Investigation or On-Scene Arrest and Bail
The first thing is that the police will either investigate you and then ultimately take the case to the prosecutors and see if they are going to file a case against you. If they do, the police can arrest you, issue you a warrant or send you out a letter to appear in court.
Another way that it happens is when somebody commits a crime, the police are called out, or the police see it, or a witness sees it, and they just come out and arrest that person. Then, that person will be in custody. Typically, they'll have a bail put on them. For example, in a domestic violence case, they're usually putting a $50,000 bail on somebody. So that person either bails out or they'll be in court within 72 hours of being arrested.
The worst, though, is getting arrested on the weekend or a holiday. That can cause you to be in custody for longer than 72 hours if you don't bail out. If you bail out, use a bail bondsman, or post the money yourself, you'll usually get out pretty quickly. You just have to wait until the police book you. Once they book you, you are fair game to be bailed out. Your family can bail you out, or you can bail yourself out.
If you can't bail out or don't bail out, then you'll appear in court within a day or two. The judge will set the bail at that time. Your attorney can argue that you'd be released on your own recognizance, which basically means you get released with your promise to appear.
That doesn't cost you or your family any money. You are out while the case is pending. You can defend yourself, and you can deal with your attorney, noting having to be in custody, which is not easy.
Arraignment and Negotiation with Prosecutor
Once bail is settled, you will appear for the arraignment. Typically, attorneys will have you enter a not-guilty plea, and then your case will be set for another court date.
Your attorney will get all of the paperwork and evidence related to your case depending on exactly what information is available. Usually, what the prosecutors hand over to the defense attorney is what they think they're going to be able to use to find you guilty of the crime. Your attorney can review it with you.
Your attorney, of course, can have an investigator, and any investigator can do any investigation they want based on the facts and circumstances of your case. You and your attorney will ultimately meet to discuss your case.
I like to get the client all of the paperwork related to the case so they can review it. Then we can really have a fruitful discussion about what the prosecution has, what kind of defense we might be able to mount, and whether or not it's a case where we're going.
Once we do that if it is going to be something that's going to be plead bargained and we're going to be negotiating with the prosecutors, I'll have you get some character letters together — something from your job, something from your significant other; anybody that knows you loves you and can speak highly of your — we're going to get something from them so that we can show that you're a good upstanding person and try to get you the best resolution possible.
If we're able to work out a deal then we'll be presented in front of a judge. You will change your plea from not-guilty to either no-contest or guilty and then the judge will sentence you and usually you'll know what the sentence is in advance because it will be worked out and the judge will basically just be putting his or her blessing on it.
Then, the case will probably be set for a progress report to see how you're doing with everything you were ordered to do. You'll be on probation, and that will be the end of your case.
You'll be on probation for usually three to five years. Once probation is over, if you worked out an appropriate deal, you should be able to get your matter either reduced to a misdemeanor if you pled to a felony or expunged, which basically is a dismissal of your case.
Jury Trial
If you take the other route and you fight the case, then obviously, you would appear in front of a jury. Jury instructions will be given to the jury depending on what your charges were. The prosecutors, because they have the burden, would put the evidence on behalf of the government, and the jury would obviously decide whether you're innocent or guilty. Your defense attorney will get to cross-examine all of the witnesses.
Once the government is done with its case, the defense has an absolute right to put on a case if they choose, or they can rest on the state of the evidence if the defense does not believe that the prosecutors have presented enough evidence to find you guilty beyond a reasonable doubt.
Remember, there is a presumption of innocence, which means that unless the prosecutors can prove that you did what they're claiming you did, the jury has to find you not guilty.
If you're found not guilty, you're done; if you're found guilty, then obviously, the judge will have an opportunity to sentence you without you having the benefit of having worked out a plea agreement.
As you can see, I've said a mouthful here, but the bottom line is that your first move should be to hire a criminal defense attorney like me, who has been practicing for twenty-five years.
So, pick up the phone. Give me a call. We'll get this thing moving in the right direction so you can end up with the best resolution and get out of the criminal justice system as fast as possible.
