February 15, 2012
/24-7PressRelease/ -- Stages of a Criminal Case in California
To those who have never had contact with the criminal justice system, suddenly facing criminal charges can be confusing and overwhelming. When going through the turbulence that accompanies being accused of a crime, people can benefit from knowing the steps of the legal process.
Arrest
The criminal process typically begins with an arrest, although police may have contact with a suspect prior to making an arrest. An arrest has two components: when authorities take a person into custody and when the person submits to custody. Police need probable cause or a warrant to arrest a person.
Booking
After an arrest, police take a suspect to the police station for booking. The police search the suspect, make copies of the suspect's fingerprints, take photos of the suspect and record information about the suspect such as name, birth date, physical description and the allegations against the suspect.
Based on the report, the prosecutor decides whether to proceed with charges or to drop the matter.
Bail
The suspect will go before a magistrate or judge who may impose conditions for release. The judge may set bail, an amount of money that the suspect needs to pay to the court in order to be released, which the suspect gets back upon returning for his or her next court appearance.
Usually a defendant uses a bail bondsman who will charge a premium of 10 percent of the total bail amount. That premium is the cost of the bail bond that the bondsman pays on behalf of the defendant.
The judge considers two things when setting bail:
-How much of a danger the defendant poses to the community
-Whether the defendant is a flight risk
Arraignment
The defendant's first appearance in front of the judge for the charges is called an arraignment. The court will formally read the defendant the charges, if he or she wishes, and ask for a plea. The court will also schedule dates for future proceedings.
Pretrial Conference
The parties meet before trial to try to discuss a plea agreement.
Preliminary Hearing
In felony cases, the defendant has a right to a preliminary hearing, where a judge decides whether the state has probable cause to proceed with the charges. The prosecutor presents evidence and may call witnesses. The defendant has the right to cross examine the witnesses and present any exculpatory evidence.
Trial
If the parties do not reach a plea agreement and the judge decides the state has probable cause for the charges, the matter will proceed to trial. The trial may be a bench trial, in front of only a judge, or a jury trial.
The state has the burden of proving the defendant guilty of the charges beyond a reasonable doubt. Both sides present evidence and may cross-examine the other side's witnesses. At the close of the case, the finder of fact, either a judge or jury, renders a verdict of guilty or not guilty.
Sentencing
If the defendant is found guilty, the court sets a future date for sentencing. The judge considers a number of factors when issuing a sentence, such as
-The defendant's criminal record
-The severity of the crime
-What the law says the sentence should be
-Whether the defendant showed remorse
-Aggravating factors making the crime more severe
-Mitigating factors making the crime less severe
Appeal
If the defendant believed that something went wrong in the process, he or she can appeal either a conviction or a sentence.
It is often beneficial to have the assistance of an experienced attorney when going through the criminal justice system. If you are facing criminal charges, contact a criminal defense lawyer who can help you through all stages of the process.
Article provided by Law Offices of Arena & Schnitzer, APLC
Visit us at http://www.arenaschnitzer.com/
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