Working With the Criminal Process in California

If you have been accused of a crime or arrested for any crime inside the state of California, you will need an aggressive criminal lawyer working for you to represent your interests and stand up for your own rights. Although the criminal process within the state of California is much like other states, frequently it's hard to navigate. This informative article looks at the criminal process in greater detail if you are facing criminal charges.

What Takes Place in the Arraignment Process

Your arraignment will be the first court appearance that you'll make after your arrest. This hearing is held regardless of if you're in custody or not. While in the arraignment, you will be formally advised of what the criminal charges are against you and you will also be apprised of what your constitutional rights are. You will be requested to plead to the charge, either "guilty", "not guilty", or "no contest". Your criminal lawyer receives the formal complaint that is against you. This formal complaint will formulate the charges the prosecutor's office has filed against you. Copies of the evidence which the prosecution has against you, including the police report, will be presented to the lawyer. Bail will typically be arranged while in the arraignment. Many factors are viewed by the judge as he is setting bail, which includes the charges against you, if you pose a threat to the public or others, any previous criminal background, length of time living in the neighborhood, family ties to keep you in the region, and if you would pose a flight risk to avoid prosecution. Sometimes, a defendant is released on their own recognizance (ROR), and no bail is required. In other cases a property bond can be posted as opposed to a cash bond.

Pretrial Conference Along With Preliminary Hearing

The next thing in the criminal process in California is referred to as the preliminary hearing (felony charges). During this hearing a judge considers the evidence and decides whether it is sufficient to warrant any charges that you are charged with. In the event the judge decides that there's not sufficient evidence, the case might be dismissed. But remember that in such cases, the standard of proof is minimal, unlike in a trial where guilt must be proven beyond a reasonable doubt. Your criminal lawyer will be present for your preliminary hearing. It is during the preliminary hearing that your lawyer along with the prosecuting attorney will try to reach a plea deal. Most of the time criminal cases wind up in a plea bargain. Most criminal cases never result in trial.

When a plea deal isn't reached and if your case is not dismissed then a pre-trial conference happens. This conference poses another chance of your criminal lawyer to get the charges against you reduced to some lesser offense or perhaps dismissed. If that's not possible and no disposition is reached on your behalf, then this case will proceed to trial.

What Happens During the Trial

Whenever your case enters court it's heard by a jury of your peers. Your attorney will refute evidence against you and possibly call witnesses to testify for your benefit. It is also his job to cross-examine any witnesses which are called by the state. Following closing arguments in your case, the jury will deliberate and determine your guilt or innocence.

The last phase within this criminal process is the sentencing. Dependant on what verdict the jury hands down, and often also their recommendations, the judge passes sentence in your case. Once you are sentenced, your criminal lawyer might appeal the verdict, seek to have your sentence modified, or request a brand new trial.


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If you need a great Sacramento criminal defense attorney then check out the Law Offices of Brianne Doyle and call her at 916-806-6400. She's a top notch Sacramento criminal attorney and can help you get through your DUI arrest.