Archive for February, 2012
Saturday, February 25th, 2012
This is the final part of our four part series on the California criminal process. In the last chapter, we will cover what happens after you are convicted or plead guilty, including the sentencing, post-conviction, modifications & reductions and expungement stages of the process.
Sentencing
If you plead guilty or the jury convicts you, you will then be sentenced for the crime. In misdemeanor cases, this usually occurs at the time your case is settled or at the trial. You may be placed on probation, sentenced to jail time and/or be ordered to pay a fine.
In felony cases, the sentencing hearing is scheduled approximately 30 days after the trial or case settlement so the probation department can prepare a report to provide a recommendation to the judge. At the hearing, your Vista criminal attorney will argue for the lowest possible punishment while the prosecution will generally argue for a higher sentence. If you plead guilty, then your maximum sentence may already be agreed upon by the prosecution or judge. In some cases, the exact sentence may already be agreed upon as a condition of the plea bargain. This is known as a stipulated sentence. If you were found guilty at the trial, then no plea agreement has been put in place and you could receive the maximum sentence for the crime you have been convicted of.
Felony punishments can range from formal probation to jail time to a stay in state prison. Occasionally, you may receive a sentencing alternative such as a residential drug treatment program, counseling, work furlough or community service. These programs often require an extra push from your criminal attorneys. Vista judges currently are hesitant to offer house arrest and electronic monitoring as incarceration options, but this may change in the near future as jails and prisons become increasingly overcrowded.
The judge has a wide variety of options when it comes to sentencing and in most cases, the sentence cannot be appealed unless it is considered unreasonable when compared with the severity of the crime.
Post-Conviction
After you have been convicted, you may appeal your case or withdraw your guilty plea and motion for a new trial. In many cases, this occurs when a defendant was not adequately informed by his or her lawyer about the consequences of a guilty plea. In other cases, this may take place when the trial was based upon errors or violations of civil rights including exclusion of evidence, misconduct on the part of the prosecution, improper instructions being given to the jury, denial of due process, etc.
Modifications and Reductions
If you have complied with your prohibition for a lengthy period of time and then become unable to fulfill a condition of the sentence due to a change in your circumstance, your Vista defense attorney can request the judge to modify your probation. In some cases, the judge may even be willing to terminate your probation. Your lawyer may also be able to petition the judge to reduce your felony conviction to a misdemeanor if your have completed your probation.
Expungements
If you have already completed your probation, you may qualify for an expungement, which will allow you to have the criminal offense removed from your record. This can be particularly helpful for those seeking employment or housing, as persons performing a background check on you will no longer know you were convicted of a crime.
In rare circumstances, a judge may even be willing to terminate your probation early and expunge your conviction.
If you haven’t already caught the previous sections of this series, be sure to read Better Understanding The Criminal Process In California, parts I, II and III. If you have been charged with a crime, please call Peter M. Liss at (760) 643-4050.
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Tags: California criminal process, criminal processes in California, Expungements in California, sentencing options in California, vista criminal defense attorney, Vista criminal lawyer, Vista defense lawyer
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Monday, February 20th, 2012
The first two parts of this series have already covered the Detention, Investigation, Arrest, Arraignment, Readiness Conferences and Preliminary Hearing stages of the criminal processes. In this third part of the series, you will learn more about the Post Preliminary Hearing Arraignment and Pretrial Conference, as well as the Trial itself.
Post Preliminary Hearing Arraignment and Pretrial Conference
At the preliminary hearing, the prosecutor will file information detailing the charges the judge has held you to answer. The post preliminary hearing arraignment will generally take place immediately after the hearing and will involve your Vista criminal attorney entering your plea on the charges the judge found probable cause to hold you on. Dates will be scheduled for further readiness conferences, motion cutoffs and the trial itself.
Up until the trial, your lawyer should be working to negotiate with the prosecutors and judges at pretrial conferences in order to help resolve your case before the trial. In some cases, this will involve your being charged with a less serious crime, in others, it will mean a less severe punishment. In certain situations, your Vista criminal attorney may even be able to get some of the charges against you dismissed.
Trial
If your case is not settled before the trial date, you and/or your lawyer will need to appear in court. In misdemeanor cases, the trial will generally occur within 30 days of the arrest for those in custody and 45 days for those who aren’t. For most misdemeanor cases, your attorney can appear in court without you. In felony cases, the trial will generally be scheduled within 60 days of the post-preliminary hearing arraignment. All felony cases and cases involving domestic violence require the defendant to appear in person. If necessary, defendants out of custody can arrange for the trial to occur after these time frames so their lawyer has more time to prepare for the trial.
The first step of the trial will involve the selection of a jury by the prosecutors and your criminal attorneys. Vista residents will make up a jury pool and it is up to your lawyer and the prosecutor to select twelve impartial jurors from the pool. Once this is complete, the trial will take anywhere from one day to whole months depending on the specific case and its complexity.
Most trials will involve pretrial motions, opening statements, the introduction of evidence, presentation of witnesses and expert testimony, cross examination of the witnesses and experts and closing arguments. Remember that it is up to the prosecution to prove your guilt beyond a reasonable doubt to all twelve jurors. If they cannot meet this burden, you will be found not guilty.
If the jury cannot make a unanimous decision, a mistrial may be declared. In these cases, your charges may be dropped or settled more easily. The prosecution does have the option of retrying the case if an agreement cannot be reached.
To read parts I and II of the series, please click on the respective links. Otherwise, come back next week for part IV. If you’re facing charges, please call Vista criminal lawyer Peter Liss at (760) 643-4050.
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Tags: California criminal process, criminal processes in California, vista criminal defense attorney, Vista criminal lawyer, Vista defense lawyer
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Tuesday, February 14th, 2012
If you have been charged with a crime, you may not know what to expect in the upcoming criminal process. Here is part two in the series covering what to expect throughout the ordeal.
Arraignment
If you are in custody, your arraignment will occur within three days, excluding weekends and holidays. If you were bailed out or not put in custody, the arraignment will generally be scheduled within a week of the arrest for felonies and after a month for misdemeanors.
At the arraignment, the charges against you will be officially presented. In many cases, these official charges will be different than the ones you were arrested for originally. In fact, the prosecutor can choose not to file charges at all at the arrangement and wait up to a year to file them for a misdemeanor or three years for a felony. In the case of murder charges, charges can be brought up at any time as there are no statue of limitations in these situations. If you are in custody and the prosecutor chooses not to file charges, you must be released.
You should always contact a skilled Vista criminal defense attorney after you have been arrested, whether you are placed in custody or not. Your lawyer can argue with the district attorney before your arraignment to have your charges lowered or dropped. If you remain in custody, he can also negotiate for your bail to be reduced or for you to be released on your own recognizance. In most misdemeanor cases, except domestic violence, your representative can appear at the arraignment without you. In cases involving domestic violence or felony charges, you must appear in person.
At the end of the procedure, a date will be set for your readiness conference and if you are facing felony charges, your preliminary hearing date will be scheduled as well. In some cases, the judge may consider changing your bail or releasing you, based on whether or not you are a “flight risk” or a public safety concern.
Readiness Conferences
At this stage of the proceedings, your lawyer will negotiate with the prosecutor and judge regarding reducing the charges, dismissing the case and lowering the sentence. Essentially, the conference is a plea bargaining hearing. At the readiness conference, your lawyer can present the District Attorney and judge with information for them to consider in your case. Everything from evidence proving your innocence to letters confirming your character can be important at this stage. If things are not settled at this stage, you will have a preliminary hearing.
Preliminary Hearing
If a felony case is not settled at a preliminary hearing, it will move on to a preliminary hearing. After hearing testimony from the police, witnesses and alleged victims, the judge will decide if there is enough evidence to hold you on the charges or if your felony case should be reduced to a misdemeanor.
At the hearing, the prosecution will not be expected to prove the charges beyond a reasonable doubt, but just to show that there is enough suspicion on you for you to be charged. Your Vista criminal lawyer will be able to present witnesses on your behalf and cross examine the prosecution’s witnesses to prove that there is not enough evidence for you to be charged. You and your lawyer may opt to waive your right to a preliminary hearing if you choose to.
For more information on the criminal process, please see parts III and IV of the series. If you missed part I, it can be found here. To speak with an Vista criminal attorney about charges you may be facing, please call (760) 643-4050.
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Tags: California legal process, criminal process in California, vista criminal attorney, Vista criminal lawyer
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Thursday, February 9th, 2012
Unless you have already gone through the criminal process or work in an industry related to the justice system, chances are that you don’t already know what will happen to you after you have been charged with a crime. But that’s ok. A Vista criminal lawyer like Peter M. Liss can help you understand and prepare for the steps ahead. In the meanwhile, here are a few things you can expect.
Detention
Police can detain you if they have a reasonable suspicion that you have committed a crime in their presence, but they cannot stop you for longer than is necessary.
The police may also speak to you at length if you consent, but you are free to leave. This is called a consensual encounter and doesn’t require the police to have any legal cause to contact you.
Investigation
When police investigate you for a reported crime, you and your loved ones are not required to participate or cooperate in the investigation. Police may incorporate techniques such as audio surveillance, wiretaps, video surveillance and interviews to obtain evidence against you. They can call you, show up at your business or home or meet you in a public place. Before answering any questions, tell them you are invoking your constitutional right to remain silent and call your legal representative.
Arrest
If probable cause connects you to a crime, you may be arrested and taken to the police station. When you are arrested, the officer will usually read you your rights and then ask if you will be willing to talk to the police now that you have been informed of your rights. In these situations, always say “no” and insist of speaking to your Vista defense attorney.
If you are booked in a county jail, you can be bailed out based on the local bail schedule, which will stay the same until your arraignment. If you have been bailed out, immediately contact your lawyer so he or she can begin investigating your case and preparing for your arraignment.
In some cases, you will not be arrested immediately but the police will refer the case to the District Attorney to decide whether to charge you with a crime. You should immediately contact a criminal defense lawyer who can try to persuade the prosecutors not to file or limit the charges against you.
If charges are filed, you may receive a notify letter telling you to appear in court for an arraignment. In some cases, the District Attorney will obtain an arrest warrant rather than sending a notify letter. Additionally, if you fail to appear at the appointed arraignment time, a bench warrant will be issued for your arrest.
For more information on the criminal process in California, see parts II, III and IV in our series. To speak with a criminal attorney in Vista, please call (760) 643-4050.
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Tags: California criminal process, criminal processes in California, vista criminal defense attorney, Vista criminal lawyer, Vista defense lawyer
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Wednesday, February 1st, 2012
If you believe or have discovered there is a warrant out for your arrest, it is critical you immediately contact a skilled Vista criminal defense attorney as soon as possible.
It is important to understand the differences between an arrest warrant and a bench warrant. An arrest warrant is a court-issued document provided to the police ordering for the arrest of a specific person. These warrants are generally issued after you have been indicted by a grand jury or if the police have a reasonable cause to suspect you have committed a crime.
There is no rule requiring the police to arrest you immediately for a crime they believe you committed. Often the police send their findings to the District Attorney who can file the case and and request a judge to issue a warrant for your arrest. If you have been contacted by the police but not arrested you should call a criminal defense lawyer immediately.
On the other hand, a bench warrant is issued when a person has failed to appear at a mandatory court appearance. These are the most common form or warrants in California. These warrants call for the immediate arrest and detention of the person named.
Most people who have been put on probation for a misdemeanor or felony are required to complete programs specific to their crimes. If you fail to attend or complete these mandatory programs, a bench warrant for your arrest will be issued.
If you are arrested for a violation of probation after being convicted of a felony, you can be held without bail. You will not only risk being arrested, but also face further punishment for violating probation. You can then be resentenced for up to the maximum for the crime.
When you believe you have either type of warrant out for your arrest, do not try to handle the issue on your own. After all, if you wouldn’t go to trial without a lawyer, why would you represent yourself in front of a judge in these circumstances without a legal representative?
By contacting a professional, you may be able to have the warrant revoked and avoid jail time. An attorney can help prepare you with the proper documentation and information to ensure you receive a fair and reasonable bail amount. In some cases, he may even be able to attend court without you.
If you have any questions about warrants, please call The Law Offices of Peter M. Liss at (760) 643-4050 to schedule a free initial consultation.
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Tags: arrest and bench warrants in California, Vista warrant attorney, Vista warrant lawyer, warrants issued in California
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