If you are arrested for a felony in California and are taken into custody, you have a right to be brought before a judge within 48 hours, excluding weekends and holidays. This initial appearance is the arraignment. If you make bail or otherwise are not in custody, your arraignment will generally be set within a reasonable time, usually within a few weeks.
At the arraignment, you will be informed of the charges and any sentencing enhancements filed against you. If you are in custody, bail will also be set at that time. You will have the option to enter a plea of guilty or not guilty, or you may request a continuance of your arraignment to seek counsel or as part of a potential plea which may only be offered by the prosecution prior to arraignment.
Following a not guilty plea at the arraignment, the vast majority of cases in California proceed by way of a preliminary hearing, which you are entitled to have held within 10 court days. Preliminary hearings are a kind of “mini trial” put on before a judge with no jury. Unlike a jury trial in which your guilt must be proved beyond a reasonable doubt, in a prelim the prosecution must put on enough evidence only to show that there is “probable cause” to convince the judge that you committed the crimes of which you are accused – a much lower standard. The purpose of a prelim is to weed out charges that are completely unsupported by the evidence without the expense of a full-blown trial. Generally, only a few witnesses will testify for the prosecution at a prelim, and what the defense can present is severely limited. Therefore, prelims rarely last more than a few hours or so.
The prelim is the first chance for the judge to see the evidence in the case. After getting this “preview” of the evidence, the judge will decide if there is in fact the necessary probable cause to believe you have committed the crimes charged. The judge may dismiss or reduce charges at this point.
Following the prelim, the prosecution will be able to review the evidence as well. If a particular witness did poorly on the stand, or if other evidence is shown to be weak, it is possible the prosecution may reduce or dismiss charges. However, they may also decide the evidence presented at prelim justifies additional or even higher charges. A defense attorney may challenge any of the charges based on the evidence presented at prelim thought a 995 motion. A 995 motion is a challenge to the sufficiency of the evidence and is brought before a different judge than the one who conducted the prelim.
If you are held to answer on any of the charges (meaning the judge found probable cause you committed the crime), you will be arraigned a second time within 15 calendar days. Again, you would be presented with the charges against you and given an opportunity to enter a plea. You have a right to a trial to begin within 60 calendar days of this arraignment.
Once your case is assigned to a trial court, your attorney can file additional motions, such as to suppress evidence or demand discovery. This is also an opportunity for your attorney to negotiate with the prosecution and attempt to settle the case.
If you have been accused of committing a felony, it is important that you understand your rights and are protected every step of the way. Contact criminal defense attorney Scott R. Ball today for a free and confidential consultation.
Showing posts with label Stages of the Criminal Process. Show all posts
Showing posts with label Stages of the Criminal Process. Show all posts
9/15/10
Consequences of a DUI Conviction in Los Angeles County
If you are convicted of driving under the influence in Los Angeles County, a typical first offense without extenuating circumstances will generally have the following consequences:
-Minimum fine of about $1,750. This can be higher based on your prior record and if the arresting agency requires booking fees, which can push it up several hundred dollars.
-Three years of informal probation. Terms of probation include that you violate no law, do not drive with a measurable amount of alcohol in your blood, submit to a chemical test on demand, do not drive without a license or insurance, and disclose your probation status when asked by any law enforcement officer. A violation of your probation can result in additional fines and/or jail time.
-Attend and complete a three month first offender alcohol program, called the AB-541. This class generally consists of weekly meetings of two to three hours in length and costs between $500 - $700.
-Completion of the Mothers Against Drunk Driving Victim Impact Panel class. This is a single two hour class which costs $30 to attend.
-Suspension of your license for six months. However, if your license has already been suspended by the DMV prior to your conviction in the criminal court, the suspension will be retroactive to the date of that suspension. In addition, following the mandatory 30 day hard suspension of your driving privileges by the DMV, you may receive a restricted license once you present proof of financial responsibility and enrollment in the AB-541 program to the DMV.
-Required installation of an ignition interlock device (IID) on your car for five months. An IID is a device into which a driver must provide an alcohol-free breath sample to start his or her vehicle. The device will cost about $150 to install and the maintenance and service for the IID will run about $70/month.
-Increase in insurance premiums by 200% - 500%. Most people don’t realize this hidden cost of a DUI, which can actually be the most expensive penalty of all. However, there are a few tricks that can be utilized to keep this cost to a minimum.
There are many other factors that can increase your total exposure for a DUI conviction. For example:
-If you have any prior convictions for DUI, your penalties will be greatly enhanced, and will most likely result in jail time.
-If you were involved in an accident which resulted in an injury to another, you may be charged with a felony. Even if there is no injury and you are not charged with a felony, you will be required to make restitution to the victim of the accident.
-If it is proved that you refused to submit to a chemical test, your license will be suspended by the DMV for one year and you will likely face jail time.
-If it is proved that you had a blood alcohol level of greater than .20, you will be required to attend a nine month alcohol offender program. This program is similar to the AB-541, but is three times as long and costs around $1,000.
-If you were speeding and driving in a reckless manner, or had a minor in the car at the time of your driving, this can also result in mandatory jail time.
Please keep in mind that these are the consequences for many DUI convictions in Los Angeles County – but there are many circumstances which can increase or decrease your total exposure, and penalties can vary greatly county to county. Further, the law is constantly changing, and fines have increased dramatically in the past few years. For the most current information, contact the Law Office of Scott R. Ball today. Consultations are free and completely confidential.
-Minimum fine of about $1,750. This can be higher based on your prior record and if the arresting agency requires booking fees, which can push it up several hundred dollars.
-Three years of informal probation. Terms of probation include that you violate no law, do not drive with a measurable amount of alcohol in your blood, submit to a chemical test on demand, do not drive without a license or insurance, and disclose your probation status when asked by any law enforcement officer. A violation of your probation can result in additional fines and/or jail time.
-Attend and complete a three month first offender alcohol program, called the AB-541. This class generally consists of weekly meetings of two to three hours in length and costs between $500 - $700.
-Completion of the Mothers Against Drunk Driving Victim Impact Panel class. This is a single two hour class which costs $30 to attend.
-Suspension of your license for six months. However, if your license has already been suspended by the DMV prior to your conviction in the criminal court, the suspension will be retroactive to the date of that suspension. In addition, following the mandatory 30 day hard suspension of your driving privileges by the DMV, you may receive a restricted license once you present proof of financial responsibility and enrollment in the AB-541 program to the DMV.
-Required installation of an ignition interlock device (IID) on your car for five months. An IID is a device into which a driver must provide an alcohol-free breath sample to start his or her vehicle. The device will cost about $150 to install and the maintenance and service for the IID will run about $70/month.
-Increase in insurance premiums by 200% - 500%. Most people don’t realize this hidden cost of a DUI, which can actually be the most expensive penalty of all. However, there are a few tricks that can be utilized to keep this cost to a minimum.
There are many other factors that can increase your total exposure for a DUI conviction. For example:
-If you have any prior convictions for DUI, your penalties will be greatly enhanced, and will most likely result in jail time.
-If you were involved in an accident which resulted in an injury to another, you may be charged with a felony. Even if there is no injury and you are not charged with a felony, you will be required to make restitution to the victim of the accident.
-If it is proved that you refused to submit to a chemical test, your license will be suspended by the DMV for one year and you will likely face jail time.
-If it is proved that you had a blood alcohol level of greater than .20, you will be required to attend a nine month alcohol offender program. This program is similar to the AB-541, but is three times as long and costs around $1,000.
-If you were speeding and driving in a reckless manner, or had a minor in the car at the time of your driving, this can also result in mandatory jail time.
Please keep in mind that these are the consequences for many DUI convictions in Los Angeles County – but there are many circumstances which can increase or decrease your total exposure, and penalties can vary greatly county to county. Further, the law is constantly changing, and fines have increased dramatically in the past few years. For the most current information, contact the Law Office of Scott R. Ball today. Consultations are free and completely confidential.
9/14/10
Consequences of a DUI Conviction in Orange County
If you are convicted of driving under the influence in Orange County, a typical first offense without extenuating circumstances will generally have the following consequences:
-Minimum fine of about $1,900. This can be higher based on your prior record and if the arresting agency requires booking fees, which can push it up several hundred dollars.
-Three years of informal probation. Terms of probation include that you violate no law, do not drive with a measurable amount of alcohol in your blood, submit to a chemical test on demand, do not drive without a license or insurance, and disclose your probation status when asked by any law enforcement officer. A violation of your probation can result in additional fines and/or jail time.
-Attend and complete a three month first offender alcohol program, called the AB-541. This class generally consists of weekly meetings of two to three hours in length and costs between $500 - $700.
-Completion of the Mothers Against Drunk Driving Victim Impact Panel class. This is a single two hour class which costs $30 to attend.
-Suspension of your license for six months. However, if your license has already been suspended by the DMV prior to your conviction in the criminal court, the suspension will be retroactive to the date of that suspension. In addition, following the mandatory 30 day hard suspension of your driving privileges by the DMV, you may receive a restricted license once you present proof of financial responsibility and enrollment in the AB-541 program to the DMV.
-Increase in insurance premiums by 200% - 500%. Most people don’t realize this hidden cost of a DUI, which can actually be the most expensive penalty of all. However, there are a few tricks that can be utilized to keep this cost to a minimum.
There are many other factors that can increase your total exposure for a DUI conviction. For example:
-If you have any prior convictions for DUI, your penalties will be greatly enhanced, and will most likely result in jail time.
-If you were involved in an accident which resulted in an injury to another, you may be charged with a felony. Even if there is no injury and you are not charged with a felony, you will be required to make restitution to the victim of the accident.
-If it is proved that you refused to submit to a chemical test, your license will be suspended by the DMV for one year and you will likely face jail time. A typical offer would be five days.
-If it is proved that you had a blood alcohol level of greater than .20, you will be required to attend a nine month alcohol offender program. This program is similar to the AB-541, but is three times as long and costs around $1,000.
-If you were speeding and driving in a reckless manner, or had a minor in the car at the time of your driving, this can also result in mandatory jail time.
Please keep in mind that these are the consequences for many DUI convictions in Orange County – but there are many circumstances which can increase or decrease your total exposure, and penalties can vary greatly county to county. Further, the law is constantly changing, and fines have increased dramatically in the past few years. For the most current information, contact the Law Office of Scott R. Ball today. Consultations are free and completely confidential.
-Minimum fine of about $1,900. This can be higher based on your prior record and if the arresting agency requires booking fees, which can push it up several hundred dollars.
-Three years of informal probation. Terms of probation include that you violate no law, do not drive with a measurable amount of alcohol in your blood, submit to a chemical test on demand, do not drive without a license or insurance, and disclose your probation status when asked by any law enforcement officer. A violation of your probation can result in additional fines and/or jail time.
-Attend and complete a three month first offender alcohol program, called the AB-541. This class generally consists of weekly meetings of two to three hours in length and costs between $500 - $700.
-Completion of the Mothers Against Drunk Driving Victim Impact Panel class. This is a single two hour class which costs $30 to attend.
-Suspension of your license for six months. However, if your license has already been suspended by the DMV prior to your conviction in the criminal court, the suspension will be retroactive to the date of that suspension. In addition, following the mandatory 30 day hard suspension of your driving privileges by the DMV, you may receive a restricted license once you present proof of financial responsibility and enrollment in the AB-541 program to the DMV.
-Increase in insurance premiums by 200% - 500%. Most people don’t realize this hidden cost of a DUI, which can actually be the most expensive penalty of all. However, there are a few tricks that can be utilized to keep this cost to a minimum.
There are many other factors that can increase your total exposure for a DUI conviction. For example:
-If you have any prior convictions for DUI, your penalties will be greatly enhanced, and will most likely result in jail time.
-If you were involved in an accident which resulted in an injury to another, you may be charged with a felony. Even if there is no injury and you are not charged with a felony, you will be required to make restitution to the victim of the accident.
-If it is proved that you refused to submit to a chemical test, your license will be suspended by the DMV for one year and you will likely face jail time. A typical offer would be five days.
-If it is proved that you had a blood alcohol level of greater than .20, you will be required to attend a nine month alcohol offender program. This program is similar to the AB-541, but is three times as long and costs around $1,000.
-If you were speeding and driving in a reckless manner, or had a minor in the car at the time of your driving, this can also result in mandatory jail time.
Please keep in mind that these are the consequences for many DUI convictions in Orange County – but there are many circumstances which can increase or decrease your total exposure, and penalties can vary greatly county to county. Further, the law is constantly changing, and fines have increased dramatically in the past few years. For the most current information, contact the Law Office of Scott R. Ball today. Consultations are free and completely confidential.
8/6/09
"Probation" Explained
You’ve probably met or heard of a person who is “on probation” but have you ever wondered what that actually means? Well, depending on whether the person is on formal or informal probation and the particulars of the crime, it could mean any number of different terms to each individual.
Formal, or “supervised” probation, is the more serious form. Formal probation requires the individual sentenced to make regular reports to a probation officer. Informal probation, also known as a “summary” or “court” probation, or “conditional sentence,” does not require the individual to make regular reports to a probation officer. Both kinds of probation, however, can subject an individual to the loss of many freedoms.
Often, probation is given in lieu of a jail or prison sentence. At the time of conviction, if a defendant is eligible for probation, the judge may either impose a sentence and then suspend the execution of that sentence, or may suspend imposing the sentence at all, in favor of granting probation. Probation consists of a fixed term during which the probationer must abide by the terms set by the court or probation officer. If the probationer breaks his or her probation, for example by committing another crime or failing a drug test, he or she will be subject to the sentence that was suspended by the court at the time probation was granted. This means if you screw up your probation, you are almost assuredly going to jail.
The court or probation officer have broad discretion to impose any “reasonable conditions” necessary to secure justice and assist the “reformation and rehabilitation” of the probationer, as long as the conditions are reasonably related to the offense and aimed at deterring such misconduct in the future. These terms include things like mandatory alcohol or drug testing, community service, counseling, curfews for minors, stay-away orders, electronic monitoring, home detention, travel restrictions, or suspension of a driver’s license.
Probation might not sound like very much fun, but it is often a welcome alternative to jail time. If you are facing a potential conviction on criminal charges, it is important you have an experienced attorney to negotiate on your behalf. A skilled attorney familiar with the judge and district attorney in your case can arrange for probation instead of jail, and will be able to get the best possible terms. Contact the Law Offices of Scott R. Ball today for a free and confidential evaluation of your case.
Formal, or “supervised” probation, is the more serious form. Formal probation requires the individual sentenced to make regular reports to a probation officer. Informal probation, also known as a “summary” or “court” probation, or “conditional sentence,” does not require the individual to make regular reports to a probation officer. Both kinds of probation, however, can subject an individual to the loss of many freedoms.
Often, probation is given in lieu of a jail or prison sentence. At the time of conviction, if a defendant is eligible for probation, the judge may either impose a sentence and then suspend the execution of that sentence, or may suspend imposing the sentence at all, in favor of granting probation. Probation consists of a fixed term during which the probationer must abide by the terms set by the court or probation officer. If the probationer breaks his or her probation, for example by committing another crime or failing a drug test, he or she will be subject to the sentence that was suspended by the court at the time probation was granted. This means if you screw up your probation, you are almost assuredly going to jail.
The court or probation officer have broad discretion to impose any “reasonable conditions” necessary to secure justice and assist the “reformation and rehabilitation” of the probationer, as long as the conditions are reasonably related to the offense and aimed at deterring such misconduct in the future. These terms include things like mandatory alcohol or drug testing, community service, counseling, curfews for minors, stay-away orders, electronic monitoring, home detention, travel restrictions, or suspension of a driver’s license.
Probation might not sound like very much fun, but it is often a welcome alternative to jail time. If you are facing a potential conviction on criminal charges, it is important you have an experienced attorney to negotiate on your behalf. A skilled attorney familiar with the judge and district attorney in your case can arrange for probation instead of jail, and will be able to get the best possible terms. Contact the Law Offices of Scott R. Ball today for a free and confidential evaluation of your case.
6/2/09
Stages of the Criminal Process: Arraignment
When a person is charged with a crime, the first formal legal process is the arraignment. The arraignment is a hearing before a judge where several important things occur. If a person is in custody, the arraignment must occur with two to three days. Otherwise, arraignment is usually set for a date several weeks in the future.
There are several purposes of an arraignment. First, the defendant is formally read the charges he or she is facing. Next, the defendant is informed of his or her rights. For misdemeanor and felony crimes, these include a right to a jury trial, a right to present evidence, a right to confront adverse witnesses, and, if any jail time is a possibility, a right to an attorney. To be appointed a Public Defender, a defendant must meet certain income criteria. Depending on your income level and assets, the court may or may not decide that you qualify for the services of the Public Defender. If the court determines you do not qualify, generally you will be allowed to continue the arraignment in order to obtain a private attorney.
In a misdemeanor case, even if you do qualify for a Public Defender, it is often wise to obtain the services of a private attorney, because they may appear at the arraignment (and several other proceedings) without your presence. A great benefit of retaining private counsel is the simple fact that you do not have to miss work and spend all morning in a courtroom waiting to be called. This is true in some proceedings in felony cases as well, although courts vary in their requirements for the presence of the defendant.
The arraignment is also the point where the District Attorney (or City Attorney, depending on which agency is prosecuting your case) will provide you or your lawyer with a copy of the complaint (the formal document stating the charges against you) and the police report or other information on which your charges are based. Once you and your lawyer have a copy of this information, you have a much better idea what kind of case you have. The defendant is also given an opportunity at this point to enter a plea of guilty, not guilty, or no contest. At the arraignment, you should almost always plead not guilty! You have just received the evidence against you, so why would you want to admit guilt before even examining your case?
If you have been arrested and have an arraignment scheduled, it would be wise of you to contact an attorney immediately. If you do not qualify for, or do not wish to be represented by the Public Defender, it would be prudent to retain private counsel immediately or the initial arraignment will simply be a waste of a morning in court. To speak with a skilled attorney about your case and what can be done, contact the Law Offices of Scott R. Ball today.
There are several purposes of an arraignment. First, the defendant is formally read the charges he or she is facing. Next, the defendant is informed of his or her rights. For misdemeanor and felony crimes, these include a right to a jury trial, a right to present evidence, a right to confront adverse witnesses, and, if any jail time is a possibility, a right to an attorney. To be appointed a Public Defender, a defendant must meet certain income criteria. Depending on your income level and assets, the court may or may not decide that you qualify for the services of the Public Defender. If the court determines you do not qualify, generally you will be allowed to continue the arraignment in order to obtain a private attorney.
In a misdemeanor case, even if you do qualify for a Public Defender, it is often wise to obtain the services of a private attorney, because they may appear at the arraignment (and several other proceedings) without your presence. A great benefit of retaining private counsel is the simple fact that you do not have to miss work and spend all morning in a courtroom waiting to be called. This is true in some proceedings in felony cases as well, although courts vary in their requirements for the presence of the defendant.
The arraignment is also the point where the District Attorney (or City Attorney, depending on which agency is prosecuting your case) will provide you or your lawyer with a copy of the complaint (the formal document stating the charges against you) and the police report or other information on which your charges are based. Once you and your lawyer have a copy of this information, you have a much better idea what kind of case you have. The defendant is also given an opportunity at this point to enter a plea of guilty, not guilty, or no contest. At the arraignment, you should almost always plead not guilty! You have just received the evidence against you, so why would you want to admit guilt before even examining your case?
If you have been arrested and have an arraignment scheduled, it would be wise of you to contact an attorney immediately. If you do not qualify for, or do not wish to be represented by the Public Defender, it would be prudent to retain private counsel immediately or the initial arraignment will simply be a waste of a morning in court. To speak with a skilled attorney about your case and what can be done, contact the Law Offices of Scott R. Ball today.
Subscribe to:
Posts (Atom)
