Criminal Defense and Appeals
The Criminal Process can be daunting and you need to have confidence that your attorney will fight to protect your rights
Defendant’s Right to Counsel
A criminal defendant is entitled to counsel at all crucial stages of the proceeding. The first step in forming the attorney-client relationship is usually the client interview. The interview serves to acquaint the attorney with the circumstances of the case and to inform the client of the scope of the representation, explain the legal proceeding, and set the fee.
Infractions
Infraction crimes are not punishable by imprisonment. A person charged with an infraction is not entitled to a trial by jury, and is not entitled to be represented by Court-appointed counsel at public expense unless the person is held in custody. The most common infractions are vehicle moving violations, which are typically charged/filed on traffic citations.
Infraction violations usually do not require a Court appearance and can be processed in the Clerk’s Office. However, if a defendant wishes to appear in Court, he or she may schedule a Court date to appear for arraignment and/or court trial.
Misdemeanors
Misdemeanor crimes are punishable by a maximum fine of $1000 and a county jail term of one year or less. However, some offenses exceed these general criteria; for example, spousal abuse can carry a $6000 maximum fine. Common examples of misdemeanor violations include petty theft, prostitution, vandalism, and driving under the influence.
The processing of a misdemeanor usually follows this order:
• An arrest is made - police take the defendant to jail. Three things can happen:
The defendant is released - no charges are filed.
The defendant posts bail/bond or is released on his or her own recognizance ("O.R.") and is scheduled for arraignment.
The defendant remains in the custody of the law enforcement agency and is transported to Court for arraignment.
• Arraignment
The misdemeanor arraignment is the defendant’s first appearance in Court. The following events occur:
1. The defendant is informed of the charges against him or her.
2. The defendant is advised of his or her constitutional rights.
3. If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the Court.
4. The defendant enters a plea of guilty, not guilty or no contest.
Not Guilty: The defendant states that he or she did not commit the crime.
Guilty: The defendant admits that he or she committed the crime and is in effect, convicted.
No Contest:Also known as "Nolo Contendere." The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.
5. The defendant is released on his or her "Own Recognizance," or the Court sets bail and the defendant is remanded/committed to the custody of the Sheriff.
• Pretrial
At the pretrial hearing, there is an exchange of information between the prosecution and the defense known as discovery. Pretrial motions may also be filed before the start of the trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. The defendant may at this point change his or her plea to guilty or no contest.
• Jury Trial
Section 1382 of the Penal Code specifies the time periods within which a defendant charged with a misdemeanor must be brought to trial.
If the defendant is in custody at the time of arraignment, the trial must begin within 30 days (four weeks plus two days) of arraignment or plea, whichever is later.
If the defendant is not in custody at the time of arraignment, the trial must begin within 45 days (six weeks plus three days) of arraignment or plea, whichever is later.
If the defendant waives the right to a speedy trial (enters a time waiver or "waives time") or requests/consents to the case being set beyond the statutory periods, the Court must begin the trial within ten days of the day the case is set or continued for trial.
Before a trial can begin, the attorneys must select a jury. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Appellate Department of the Superior Court.
• Court Trial
In lieu of a jury trial, the defendant may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty.
Felony
Felony crimes are punishable by a state prison term or death. Common examples of felony crimes are murder, possession of dangerous drugs for sale, robbery and rape.
The processing of a felony usually follows this order:
• An arrest is made - police take the defendant to jail. Three things can happen:
o The defendant is released - no charges are filed.
o The defendant posts bail/bond or is released on his/her own recognizance ("O.R.") and is scheduled for arraignment.
o The defendant remains in the custody of the law enforcement agency and is transported to Court for arraignment.
• Arraignment
A felony arraignment on the complaint is the defendant's first Court appearance. The following events occur:
1. The defendant is informed of the charges against him or her.
2. The defendant is advised of his or her constitutional rights.
3. If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the Court.
4. The defendant enters a plea of guilty, not guilty or no contest.
Not Guilty:The defendant states that he or she did not commit the crime.
Guilty:The defendant admits that he or she committed the crime and is in effect convicted.
No Contest:Also known as "Nolo Contendere." The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.
5. The Court sets bail and the defendant is remanded to custody, or the defendant is released on his or her "Own Recognizance" or "O.R."
• Preliminary Hearing
A preliminary hearing is held to determine if there is sufficient evidence that the defendant committed the crime and should therefore be "held over" for trial.
Once a defendant is "held to answer," the prosecuting agency files a document called the Information. The defendant will subsequently be arraigned on the Information at which time he or she will enter a plea and proceed to trial.
• Jury Trial
Section 1382 of the Penal Code specifies the time periods within which a defendant charged with a felony must be brought to trial.
The Information must be filed within 15 days of the date the defendant was "held to answer" at the preliminary hearing.
The trial must begin within 60 days of the arraignment on the Information, unless the defendant enters a general waiver of the statutory time requirement or requests/consents to a date beyond the 60-day period.
Before a trial can begin, the attorneys must select a jury. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Appellate Department of the Superior Court.
• Court Trial
In lieu of a jury trial, the defendant may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty.
Fees
Fees for retained counsel are usually set on a case-by-case basis rather than at an hourly rate, and are normally paid in advance unless a payment plan is agree to.
Competence
The attorney should accept the employment, whether retained or appointed, only after determining that he or she is competent to handle the case and that no conflicts of interest exist.
Agreement
When the attorney and client have agreed on the terms of employment in a retained case, the agreement should be confirmed by a signed retainer agreement. The attorney becomes attorney of record by filing a pleading or appearing in court on the client's behalf.
Tactical Decisions
Once counsel has become attorney of record, legal steps in the proceeding, and particularly tactical decisions, are typically controlled by the attorney. The defendant, however, retains the right to decide certain issues affecting his or her fundamental rights.
I am a respected and trustworthy criminal defense attorney that will defend your constitutional and statutory rights. Please call to discuss criminal defense or appellate matters. Free consultation. Reasonable fees and payment plans accepted.
Protect your rights. Evening and weekend hours.
Phone Number: 951-847-0154.
Verify my status at State Bar website.
Please feel free to send email to us at val@flvlaw.com.
Defendant’s Right to Counsel
A criminal defendant is entitled to counsel at all crucial stages of the proceeding. The first step in forming the attorney-client relationship is usually the client interview. The interview serves to acquaint the attorney with the circumstances of the case and to inform the client of the scope of the representation, explain the legal proceeding, and set the fee.
Infractions
Infraction crimes are not punishable by imprisonment. A person charged with an infraction is not entitled to a trial by jury, and is not entitled to be represented by Court-appointed counsel at public expense unless the person is held in custody. The most common infractions are vehicle moving violations, which are typically charged/filed on traffic citations.
Infraction violations usually do not require a Court appearance and can be processed in the Clerk’s Office. However, if a defendant wishes to appear in Court, he or she may schedule a Court date to appear for arraignment and/or court trial.
Misdemeanors
Misdemeanor crimes are punishable by a maximum fine of $1000 and a county jail term of one year or less. However, some offenses exceed these general criteria; for example, spousal abuse can carry a $6000 maximum fine. Common examples of misdemeanor violations include petty theft, prostitution, vandalism, and driving under the influence.
The processing of a misdemeanor usually follows this order:
• An arrest is made - police take the defendant to jail. Three things can happen:
The defendant is released - no charges are filed.
The defendant posts bail/bond or is released on his or her own recognizance ("O.R.") and is scheduled for arraignment.
The defendant remains in the custody of the law enforcement agency and is transported to Court for arraignment.
• Arraignment
The misdemeanor arraignment is the defendant’s first appearance in Court. The following events occur:
1. The defendant is informed of the charges against him or her.
2. The defendant is advised of his or her constitutional rights.
3. If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the Court.
4. The defendant enters a plea of guilty, not guilty or no contest.
Not Guilty: The defendant states that he or she did not commit the crime.
Guilty: The defendant admits that he or she committed the crime and is in effect, convicted.
No Contest:Also known as "Nolo Contendere." The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.
5. The defendant is released on his or her "Own Recognizance," or the Court sets bail and the defendant is remanded/committed to the custody of the Sheriff.
• Pretrial
At the pretrial hearing, there is an exchange of information between the prosecution and the defense known as discovery. Pretrial motions may also be filed before the start of the trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. The defendant may at this point change his or her plea to guilty or no contest.
• Jury Trial
Section 1382 of the Penal Code specifies the time periods within which a defendant charged with a misdemeanor must be brought to trial.
If the defendant is in custody at the time of arraignment, the trial must begin within 30 days (four weeks plus two days) of arraignment or plea, whichever is later.
If the defendant is not in custody at the time of arraignment, the trial must begin within 45 days (six weeks plus three days) of arraignment or plea, whichever is later.
If the defendant waives the right to a speedy trial (enters a time waiver or "waives time") or requests/consents to the case being set beyond the statutory periods, the Court must begin the trial within ten days of the day the case is set or continued for trial.
Before a trial can begin, the attorneys must select a jury. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Appellate Department of the Superior Court.
• Court Trial
In lieu of a jury trial, the defendant may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty.
Felony
Felony crimes are punishable by a state prison term or death. Common examples of felony crimes are murder, possession of dangerous drugs for sale, robbery and rape.
The processing of a felony usually follows this order:
• An arrest is made - police take the defendant to jail. Three things can happen:
o The defendant is released - no charges are filed.
o The defendant posts bail/bond or is released on his/her own recognizance ("O.R.") and is scheduled for arraignment.
o The defendant remains in the custody of the law enforcement agency and is transported to Court for arraignment.
• Arraignment
A felony arraignment on the complaint is the defendant's first Court appearance. The following events occur:
1. The defendant is informed of the charges against him or her.
2. The defendant is advised of his or her constitutional rights.
3. If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the Court.
4. The defendant enters a plea of guilty, not guilty or no contest.
Not Guilty:The defendant states that he or she did not commit the crime.
Guilty:The defendant admits that he or she committed the crime and is in effect convicted.
No Contest:Also known as "Nolo Contendere." The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.
5. The Court sets bail and the defendant is remanded to custody, or the defendant is released on his or her "Own Recognizance" or "O.R."
• Preliminary Hearing
A preliminary hearing is held to determine if there is sufficient evidence that the defendant committed the crime and should therefore be "held over" for trial.
Once a defendant is "held to answer," the prosecuting agency files a document called the Information. The defendant will subsequently be arraigned on the Information at which time he or she will enter a plea and proceed to trial.
• Jury Trial
Section 1382 of the Penal Code specifies the time periods within which a defendant charged with a felony must be brought to trial.
The Information must be filed within 15 days of the date the defendant was "held to answer" at the preliminary hearing.
The trial must begin within 60 days of the arraignment on the Information, unless the defendant enters a general waiver of the statutory time requirement or requests/consents to a date beyond the 60-day period.
Before a trial can begin, the attorneys must select a jury. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Appellate Department of the Superior Court.
• Court Trial
In lieu of a jury trial, the defendant may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty.
Fees
Fees for retained counsel are usually set on a case-by-case basis rather than at an hourly rate, and are normally paid in advance unless a payment plan is agree to.
Competence
The attorney should accept the employment, whether retained or appointed, only after determining that he or she is competent to handle the case and that no conflicts of interest exist.
Agreement
When the attorney and client have agreed on the terms of employment in a retained case, the agreement should be confirmed by a signed retainer agreement. The attorney becomes attorney of record by filing a pleading or appearing in court on the client's behalf.
Tactical Decisions
Once counsel has become attorney of record, legal steps in the proceeding, and particularly tactical decisions, are typically controlled by the attorney. The defendant, however, retains the right to decide certain issues affecting his or her fundamental rights.
I am a respected and trustworthy criminal defense attorney that will defend your constitutional and statutory rights. Please call to discuss criminal defense or appellate matters. Free consultation. Reasonable fees and payment plans accepted.
Protect your rights. Evening and weekend hours.
Phone Number: 951-847-0154.
Verify my status at State Bar website.
Please feel free to send email to us at val@flvlaw.com.