When someone is arrested, the criminal process will vary, depending on whether they are charged with a misdemeanor or a felony. A misdemeanor case is one where the maximum punishment is one year in county jail, a fine, or combination of jail and a fine. In a felony case, the punishment can be much more severe, and can include confinement in state prison, or even in death penalty cases, death.

Misdemeanors

In a misdemeanor case, the first appearance is called the arraignment. That is the date that formal charges are brought against the accused, and the main purpose of that date is for the accused to enter a plea. If the accused pleads not guilty, the case is scheduled for pre-trial conferences and then trial. At trial, the accused has the right to a trial by jury. A conviction requires all 12 jurors to agree that the accused is guilty beyond a reasonable doubt.

Felonies

In felony cases, the first appearance is also called the arraignment. After a not guilty plea, the case is set for a preliminary hearing. A preliminary hearing is a hearing in front of a judge, where the judge listens to the testimony of witnesses and determines whether there is sufficient evidence to make the defendant stand trial. The burden of proof at the preliminary hearing is less than the "beyond a reasonable doubt" burden at trial.

If the judge decides that there is enough evidence for the accused to be brought to trial, the defendant has another arraignment, then pre-trial conferences, and then trial. A conviction requires all 12 jurors to agree that the accused is guilty beyond a reasonable doubt.

Release From Custody (Bail and O.R.)

How do I get my loved one out of jail?

When you or someone you care about is arrested, we know that one of the first things you want to do is get him out. Well, how you get him out? How about bail? Can it be lowered? Or can he be released on his own recognizance (O.R.)?

In general, when someone is arrested for an infraction or misdemeanor, they may be released with a citation based upon their promise to appear in court on the date scheduled. They are released on their "own recognizance" to appear at all future court dates. If they go to all court appearances, then they never have to worry about bail or being in custody while their case is unresolved. But if they fail to appear in court, a bench warrant will be issued for their arrest and they can be charged with a failure to appear.

Bail is usually more of an issue when it comes to arrests for felonies and "wobblers." (Wobblers are cases that can be charged as either felonies or misdemeanors.) In those cases, while it is possible to be released on their own recognizance, a bail hearing may be required.

Each county has a bail schedule, which lists the bail that applies to each different type of case. It is possible to get that amount lowered, depending upon the type of crime that is charged, and the history of each individual defendant. The court considers such factors as whether the defendant is a danger to the community, and whether or not the defendant is a flight risk.

Bail may be posted directly with the court clerk or law enforcement agency having custody of the defendant. Or a bail bondsman may be used. Usually a bail bondsman will require a fee of around 10% of the amount of the bail. The bail bondsman may also require collateral to secure the bond.

A skilled Southern California criminal defense attorney can be extremely helpful in getting bail reduced, or helping a defendant be released on his or her own recognizance.

Sentencing Alternatives

How to stay out of jail!

In every case that we handle, we try and obtain a favorable result for our clients, whether it be a "Not Guilty" verdict, a dismissal, or a great plea bargain. But in those cases where jail time is warranted, there are still many alternatives rather than going to jail.

Alternatives to jail include electronic monitoring and house arrest, community service, Cal-Trans, graffiti removal, alcohol and drug rehabilitation, sober living facilities, work release, work furlough, and many more. An experienced and knowledgeable California criminal defense attorney can explore all of these possibilities and try to obtain the one that is best suited for you and your case.

Obtaining the winning sentencing alternative requires thorough investigation and preparation. It requires a lawyer who will take the time to get to know you and your situation personally. It requires a lawyer with your best interests at heart.

Before you plead guilty to a crime, please contact a California criminal defense attorney and know all of your options. Click here for more about Alternative Sentencing.

Expunging Your Conviction

Did you know that it's possible to clean up your criminal record so that in some instances you can apply for a job and not disclose your prior conviction?

Well you can put the past behind you by expunging your conviction. With an expungement, misdemeanors can be dismissed, and a judgment of not guilty entered. Felonies can be reduced to misdemeanors, and then dismissed. It may also be possible to obtain a certificate of rehabilitation and a pardon.

Don't let your criminal record hold you back from getting the job you want, from getting into schools, or just moving on with your life. Contact an experienced Southern California criminal attorney for a free consultation about cleaning up your record.

CALL MR. LEWIN TODAY TO START PROTECTING YOUR RIGHTS!
1-800-458-1488