If you are living within the state of California and have been accused of or arrested for a criminal offense, you will want help from an aggressive Sacramento criminal lawyer that will stand up for your rights and represent your interests. Although the criminal process within the state of California resembles other states, it is sometimes difficult to navigate. If you're facing criminal charges, this information will explain to you the criminal process in greater detail.
What Happens During the Arraignment
Your first appearance in the courtroom following your arrest is known as an arraignment. This hearing is held irrespective of should you be in custody or not. During the arraignment, you are formally advised of what the criminal charges are against you and you also are apprised of what your constitutional rights are. While in the arraignment you are asked to plead your charge, and it will be "not guilty", "guilty", or "no contest". Your Sacramento criminal lawyer will receive the formal complaint against you. The formal complaint lays out any charges that have been filed against you from the prosecutor's office. Your lawyer will in addition receive copies of police reports and also any evidence which the prosecution has in regards to your case. Bail will typically be arranged while in the arraignment. When setting bail, the judge likely considers many factors, including the charge against you, whether or not you pose a menace to anyone or others, your previous criminal record (or lack of a record), the length of time that you've lived locally, family ties you have to the region, as well as the risk of you fleeing to prevent yourself from prosecution. Occasionally no bail is needed and the defendant is released ROR (on their own recognizance). In other instances, a property bond may be posted in lieu of cash bond.
Pretrial Conference and Preliminary Hearing
Within the state of California, the preliminary hearing (felony charges) is the next stage within the criminal process. At this hearing, a judge will determine when the evidence against you is sufficient to warrant the charges that you've been accused of. If the judge feels the case is insufficiently backed by evidence, he is able to throw your case out. Be aware that at this time the standard of proof is minimal, whereas during the trial guilt must be proven beyond a reasonable doubt. Your Sacramento criminal lawyer will be present for your preliminary hearing. It is during the preliminary hearing that the lawyer along with the prosecuting attorney will try to reach a plea deal. More often than not criminal cases wind up in a plea bargain. Most criminal cases never go to trial.
If the case against you will not be dismissed, and if a plea deal is not reached, the next phase is the pre-trial conference. This conference provides another chance for your Sacramento criminal lawyer to have your charges reduced to some lesser offense or thrown out. If it is not possible and when no disposition can be reached for your sake, the case should then go on to trial.
During the Trial
Whenever your case enters court it's heard by a jury of your peers. Your attorney will refute the evidence against you and possibly call witnesses to testify for your benefit. He'll also cross-examine any witnesses the state puts on. Once closing arguments are finished the jury deliberates and determines when you are guilty or innocent.
The last phase within the criminal process is sentencing. Based upon what verdict the jury delivers, and quite often also their recommendations, the judge passes sentence on the case. Following sentencing, your Sacramento criminal lawyer can appeal the verdict, seek a modification of your sentence, or ask for a new trial.
What Happens During the Arraignment
Your first appearance in the courtroom following your arrest is known as an arraignment. This hearing is held irrespective of should you be in custody or not. During the arraignment, you are formally advised of what the criminal charges are against you and you also are apprised of what your constitutional rights are. While in the arraignment you are asked to plead your charge, and it will be "not guilty", "guilty", or "no contest". Your Sacramento criminal lawyer will receive the formal complaint against you. The formal complaint lays out any charges that have been filed against you from the prosecutor's office. Your lawyer will in addition receive copies of police reports and also any evidence which the prosecution has in regards to your case. Bail will typically be arranged while in the arraignment. When setting bail, the judge likely considers many factors, including the charge against you, whether or not you pose a menace to anyone or others, your previous criminal record (or lack of a record), the length of time that you've lived locally, family ties you have to the region, as well as the risk of you fleeing to prevent yourself from prosecution. Occasionally no bail is needed and the defendant is released ROR (on their own recognizance). In other instances, a property bond may be posted in lieu of cash bond.
Pretrial Conference and Preliminary Hearing
Within the state of California, the preliminary hearing (felony charges) is the next stage within the criminal process. At this hearing, a judge will determine when the evidence against you is sufficient to warrant the charges that you've been accused of. If the judge feels the case is insufficiently backed by evidence, he is able to throw your case out. Be aware that at this time the standard of proof is minimal, whereas during the trial guilt must be proven beyond a reasonable doubt. Your Sacramento criminal lawyer will be present for your preliminary hearing. It is during the preliminary hearing that the lawyer along with the prosecuting attorney will try to reach a plea deal. More often than not criminal cases wind up in a plea bargain. Most criminal cases never go to trial.
If the case against you will not be dismissed, and if a plea deal is not reached, the next phase is the pre-trial conference. This conference provides another chance for your Sacramento criminal lawyer to have your charges reduced to some lesser offense or thrown out. If it is not possible and when no disposition can be reached for your sake, the case should then go on to trial.
During the Trial
Whenever your case enters court it's heard by a jury of your peers. Your attorney will refute the evidence against you and possibly call witnesses to testify for your benefit. He'll also cross-examine any witnesses the state puts on. Once closing arguments are finished the jury deliberates and determines when you are guilty or innocent.
The last phase within the criminal process is sentencing. Based upon what verdict the jury delivers, and quite often also their recommendations, the judge passes sentence on the case. Following sentencing, your Sacramento criminal lawyer can appeal the verdict, seek a modification of your sentence, or ask for a new trial.
About the Author:
If you need the best 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 lawyer and can help improve the outcome of your case.
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