Placer County Criminal
Defense Attorneys
The Criminal Process
Rights For Those Accused of Crime
1. Right to an Attorney -
You have a constitutional right to an attorney to defend you in
a criminal proceeding. The court will appoint an attorney for
you at no charge if you cannot afford to hire one. At the end
of the case, you may be asked to pay all or part of the cost for
the court-appointed attorney, depending upon your ability to
reimburse such costs.
2. Right to a Speedy and Public Jury Trial -
In California if you are charged with a crime carrying the
possibility of jail, you have the right to a speedy, public jury
trial. At the trial, you are presumed innocent, and cannot be
convicted unless all 12 jurors are convinced of your guilt
beyond a reasonable doubt. Your attorney gets to participate
in an extensive interview of the potential jurors and pick the
twelve who seem the fairest for you. It is vital that your
attorney select a jury of twelve people who will be open-
minded, intelligent and fair in hearing your particular charge.
Jury selection is a skill in itself and the right jury brings the
right result.
3. Right to Confront Witnesses -
As a defendant on trial, you have the right to confront and
cross-examine every witness who the district attorney uses to
give evidence against you. The witness cannot simply write a
statement and have it read in court by someone else. Your
attorney can cross-examine the witness and show he or she is
lying or is biased against you.
4. Right Against Self- Incrimination -
You have the right, at your own trial, to not testify. It is part
of your constitutional right to remain silent and not
incriminate yourself. It is up to you whether to testify at your
own trial or not. The jury is not allowed to consider the fact
that you have decided not to testify, and if the district
attorney even mentions to the jury your decision not to
testify, your case must be tried all over again. Your attorney is
responsible for seeing that all of these rights are protected
during trial. If the judge or the district attorney tries to violate
them, your attorney must be strong enough and smart
enough to put a stop to it.
5. Right to Produce Evidence-
You also have the right to present evidence and to have the
court issue a subpoena to bring into court all witnesses and
evidence favorable to you in your defense at trial. The
strength of your defense is often based in how well your
attorney has investigated your case and what witnesses he or
she has found for your side of the story. A top-notch
investigator is necessary to gather evidence for your defense
and to interview both the district attorney's witnesses and
your witnesses in preparation for trial. Finally, a good source
of "expert" witnesses is necessary in order to explain complex
scientific or accounting principles to the jury. A good expert
will show how the district attorney's scientists are wrong and
how your interpretation of the evidence is accurate.
THE CRIMINAL PROCESS
1. Commission of the Crime
There are two types of crimes, felonies and misdemeanors.
A felony is a crime that may be punishable by one year or
more in State Prison. Felony cases begin in lower courts and
then can be transferred over to Superior Court if the judge
determines that probable cause exists that the defendant
being accused has committed the crime in question.
A misdemeanor is a crime punishable by up to a year in county
jail.
2. Retaining an Attorney
A defendant may retain a criminal defense attorney at any
stage of the case, whether it is during the investigation or the
night before any court date.
Criminal defendants have the right to an attorney and will be
appointed one (the Public Defender) if they cannot afford
one. However, criminal defendants may be responsible for
paying the costs of their court-appointed lawyer if it is later
determined that they had enough money to pay for an
attorney.
Although you can retain our criminal defense attorney at any
time, it is in your best interest to hire us as early in your
criminal case as possible - even before charges are filed, as
we may be able to impact charging decisions.
3. Pre-Arrest Investigations
The pre-arrest investigation stage of the process is the best
time to hire a criminal defense attorney to take control and
defend the case. Pre-arrest investigations are done after the
defendant has been contacted by a law enforcement agency
but before charges have been filed. At this point in the
process, the defendant has not been arrested.
During this stage, the criminal defense attorneys at THE
PHILLIPS LAW OFFICE can attempt to do the following:
* Prevent filing of charges.
* Reduce charges.
* Assist with surrender and avoid arrest.
* Divert allegations into an informal resolution.
4. Arrest
To make a felony arrest, police must have either a warrant or
probable cause, which may be understood as a "good reason"
to arrest. For a misdemeanor, the police can only make an
arrest for crimes that occurred in the presence of the
arresting officer or with a warrant.
Although police are not required to read Miranda Warnings to
everyone that is arrested, failure to do so may be grounds to
suppress certain statements or confessions.
5. Booking
All felony defendants and most misdemeanor defendants will
be required to go to the police station for booking. When a
suspect is booked the following occurs:
* The suspect is taken to the law enforcement station.
* The suspect is asked a series of routine questions.
* The suspect is lawfully searched.
* The suspect is fingerprinted and photographed.
6. Post-Arrest Investigations
Post-arrest investigations are done after the arrest, but
before charges have been filed by the prosecutor. It is not
required that the arresting agency release the police report
before the defendant goes to court. However, sometimes our
criminal defense attorneys can talk the police into releasing
the report.
7. Decision to Charge
The police do not file charges. They only make
recommendations to the prosecuting attorney if charges
should be filed. After reviewing the police reports, it is up to
the DA to decide if to file charges and what charges to file.
Sometimes if our criminal defense attorneys become involved
in the case early enough, we can stop charges from being
filed or have less serious charges filed. If you are the subject
of a criminal investigation, it is always a good idea to discuss
the situation with a criminal defense attorney.
8. Filing the Complaint
The prosecuting attorney files a document called a complaint
with the court. The complaint describes the charges that are
being filed against the defendant.
9. Arraignment/First Appearance
In California,the police are permitted to hold a suspect for up
to 48 hours (not counting weekends) after the arrest before
seeing a judge at an initial appearance. The suspect is entitled
to see a criminal defense attorney immediately if requested.
At the initial appearance, the defendant will be read his/her
rights and the charges against him/her. Bail is set during the
initial appearance. Bail is an "insurance policy" that the
defendant will appear before the court again. The amount of
bail is determined by the seriousness of the offense and by
the Judge, usually using a "bail schedule". Bail can be $0 if the
defendant is released "on their own recognizance " (O.R.),
but it can be increased if the Judge feels that the defendant
will not appear in court again. If the DA does not file charges
within the 48 hours from an arrest, the suspect must be
released on their OR.
Having an attorney at this early stage can have a huge impact
if bail is set or how much it is set for.
During a later proceeding in front of the court, the defendant’
s criminal defense attorney can bring a motion to reduce bail.
The judge decides whether to reduce bail and will consider
the defendant's risk of flight and danger to the public.
Discovery is given to the defendant’s criminal defense
attorney after arraignment. Discovery includes, but is not
limited to: police reports, medical records, probation reports,
photographs, diagrams, and viewing of physical evidence.
Discovery in criminal cases must be reciprocal, which means
that the prosecution must provide the defendant’s criminal
defense attorneys with the evidence they are using in the
case. Neither the prosecution nor the defense may "hide"
evidence and later introduce it during the trial.
10. Pretrial Conference
After the arraignment, the court will schedule several pretrial
conferences. The purpose of these hearings to is monitor the
progress of the case.
11. Preliminary Hearing
Preliminary hearings only occur in felony offenses. In
California, a preliminary hearing is necessary for the Judge to
determine whether or not there is sufficient evidence or
probable cause to support the charges against a defendant
and transfer the case over to Superior Court for trial.
12. Filing of the Information
After the preliminary hearing, the prosecuting attorney will file
a document, called an information, with the Superior Court
which notifies that the State is "charging" the defendant with
a particular crime.
13. Arraignment on the Complaint or Indictment
During the arraignment, the defendant is taken before the
Superior Court and informed of the charges. At that time, the
defendant will answer to the charges by pleading not guilty,
guilty or no contest. At the Superior Court arraignment, the
amount of bail may be reviewed, which may be increased or
decreased at the court's discretion.
14. Pre-Trial Conference
At the pre-trial conference, the criminal defense attorneys
negotiate with the prosecuting attorneys in order to obtain
the best possible plea for their client.
The agreement might include:
* The prosecution charges the defendant with a lesser charge
* The prosecution agrees to a lesser punishment for the same
charge
* The number of counts may be dropped
* Alternative sentencing
Criminal defense attorneys may also file pre-trial motions,
which may assist in dismissing charges or changing the
prosecution's position. Some common pre-trial motions are:
* Motion to Suppress Evidence
* Motion to Dismiss the Information
* Motion for a Speedy Trial
* Motion to Sever Counts
* Motion to Compel Discovery
15. Trial
If the case does not settle, it proceeds to trial. During a jury
trial and after the jury is selected, both the criminal defense
attorneys and the prosecuting attorneys complete the
following process:
* Opening statements
* Direct examinations of their witnesses
* Cross examinations of the opposing witnesses
* Closing arguments
During the deliberation of the case, the jury decides the guilt
or innocence of the defendant, but the judge will determine
the appropriate sentence if the defendant is found guilty.
Upon a guilty verdict, a motion for New Trial might be filed
with the court.
16. Sentencing
Sentencing is a court hearing where the judge determines
punishment. There is often great flexibility at this stage of the
process.
A defendant may be sentenced to probation instead of prison.
However, he/she may be ordered to do some local custody
time as a term of his/her probation. If a defendant violates
the probation, he/she may be incarcerated in prison.
Formal probation is when an individual is supervised by a
probation officer. Informal or summary probation is
unsupervised. If probation is not granted, there is usually a
range of three prison terms in each felony crime. These prison
terms are called low term, mid term, and high term. Criminal
defense attorneys argue about the proper prison term based
on the facts of the particular case. The final word is within the
judge's broad discretion.
Some alternatives to jail that our criminal defense attorneys
might negotiate are:
* Detox Programs
* Electronic Home Monitoring
* Residential Treatment Centers
* Counseling
* Weekend Work Programs
* Community Service
17. Additional Consequences
In addition to any sentence imposed by the court, a conviction
can have a number of independent consequences. This is why
it is important to discuss the case with a criminal defense
attorney before entering a plea or accepting a plea bargain.
On felony cases, these consequences can include, but are not
limited to:
* Loss of the right to vote.
* Loss of the right to possess a firearm of any kind.
* Loss of the right to associate with known criminals.
* Registration as a sex offender.
* Increased penalties for future criminal convictions.
* Registration as a narcotics offender.
18. Appeals
If convicted, a defendant may appeal to a higher court. The
purpose of an appeal is to ensure that the trial court did not
make any legal errors throughout the trial process. Appeals
may result in the reversal of a defendant's trial court
conviction.
Contact Us for a Free Confidential Consultation
If you want to find out how you can be helped, I will be glad to talk with
you. It costs nothing to speak to our office. You will find our staff
incredibly knowledgeable, friendly and willing to help. I am confident that
you'll be impressed with my firm and what we may be able to do for you.
Please feel to call my office toll free at 1-800-978-0186 to schedule a
confidential no charge consultation or if you prefer, e-mail me directly
from the contact page
CAUTION: All legal matters have their own specific
factual and legal circumstances that highly influence
the result in each case. The same results will not
necessarily be obtained in similar cases.
Butte County, Bangor, Biggs, Butte Meadows, Chico, Durham, Forest
Ranch, Gridley, Magalia, Nelson, Nord, Oroville, Palermo, Paradise,
Richvale, Stirling City, Thermalito
Placer County, Auburn, Colfax, Kings Beach, Lincoln, Loomis, Rocklin,
Roseville, Tahoe City,Weimar,Sacramento County, Citrus Heights, Elk
Grove, Folsom, Galt, Isleton, Rancho Cordova, SacramentoNevada
County, Nevada City, Truckee, Grass Valley, Penn Valley
El Dorado County, South Lake Tahoe, Placerville
Defense Attorneys
The Criminal Process
Rights For Those Accused of Crime
1. Right to an Attorney -
You have a constitutional right to an attorney to defend you in
a criminal proceeding. The court will appoint an attorney for
you at no charge if you cannot afford to hire one. At the end
of the case, you may be asked to pay all or part of the cost for
the court-appointed attorney, depending upon your ability to
reimburse such costs.
2. Right to a Speedy and Public Jury Trial -
In California if you are charged with a crime carrying the
possibility of jail, you have the right to a speedy, public jury
trial. At the trial, you are presumed innocent, and cannot be
convicted unless all 12 jurors are convinced of your guilt
beyond a reasonable doubt. Your attorney gets to participate
in an extensive interview of the potential jurors and pick the
twelve who seem the fairest for you. It is vital that your
attorney select a jury of twelve people who will be open-
minded, intelligent and fair in hearing your particular charge.
Jury selection is a skill in itself and the right jury brings the
right result.
3. Right to Confront Witnesses -
As a defendant on trial, you have the right to confront and
cross-examine every witness who the district attorney uses to
give evidence against you. The witness cannot simply write a
statement and have it read in court by someone else. Your
attorney can cross-examine the witness and show he or she is
lying or is biased against you.
4. Right Against Self- Incrimination -
You have the right, at your own trial, to not testify. It is part
of your constitutional right to remain silent and not
incriminate yourself. It is up to you whether to testify at your
own trial or not. The jury is not allowed to consider the fact
that you have decided not to testify, and if the district
attorney even mentions to the jury your decision not to
testify, your case must be tried all over again. Your attorney is
responsible for seeing that all of these rights are protected
during trial. If the judge or the district attorney tries to violate
them, your attorney must be strong enough and smart
enough to put a stop to it.
5. Right to Produce Evidence-
You also have the right to present evidence and to have the
court issue a subpoena to bring into court all witnesses and
evidence favorable to you in your defense at trial. The
strength of your defense is often based in how well your
attorney has investigated your case and what witnesses he or
she has found for your side of the story. A top-notch
investigator is necessary to gather evidence for your defense
and to interview both the district attorney's witnesses and
your witnesses in preparation for trial. Finally, a good source
of "expert" witnesses is necessary in order to explain complex
scientific or accounting principles to the jury. A good expert
will show how the district attorney's scientists are wrong and
how your interpretation of the evidence is accurate.
THE CRIMINAL PROCESS
1. Commission of the Crime
There are two types of crimes, felonies and misdemeanors.
A felony is a crime that may be punishable by one year or
more in State Prison. Felony cases begin in lower courts and
then can be transferred over to Superior Court if the judge
determines that probable cause exists that the defendant
being accused has committed the crime in question.
A misdemeanor is a crime punishable by up to a year in county
jail.
2. Retaining an Attorney
A defendant may retain a criminal defense attorney at any
stage of the case, whether it is during the investigation or the
night before any court date.
Criminal defendants have the right to an attorney and will be
appointed one (the Public Defender) if they cannot afford
one. However, criminal defendants may be responsible for
paying the costs of their court-appointed lawyer if it is later
determined that they had enough money to pay for an
attorney.
Although you can retain our criminal defense attorney at any
time, it is in your best interest to hire us as early in your
criminal case as possible - even before charges are filed, as
we may be able to impact charging decisions.
3. Pre-Arrest Investigations
The pre-arrest investigation stage of the process is the best
time to hire a criminal defense attorney to take control and
defend the case. Pre-arrest investigations are done after the
defendant has been contacted by a law enforcement agency
but before charges have been filed. At this point in the
process, the defendant has not been arrested.
During this stage, the criminal defense attorneys at THE
PHILLIPS LAW OFFICE can attempt to do the following:
* Prevent filing of charges.
* Reduce charges.
* Assist with surrender and avoid arrest.
* Divert allegations into an informal resolution.
4. Arrest
To make a felony arrest, police must have either a warrant or
probable cause, which may be understood as a "good reason"
to arrest. For a misdemeanor, the police can only make an
arrest for crimes that occurred in the presence of the
arresting officer or with a warrant.
Although police are not required to read Miranda Warnings to
everyone that is arrested, failure to do so may be grounds to
suppress certain statements or confessions.
5. Booking
All felony defendants and most misdemeanor defendants will
be required to go to the police station for booking. When a
suspect is booked the following occurs:
* The suspect is taken to the law enforcement station.
* The suspect is asked a series of routine questions.
* The suspect is lawfully searched.
* The suspect is fingerprinted and photographed.
6. Post-Arrest Investigations
Post-arrest investigations are done after the arrest, but
before charges have been filed by the prosecutor. It is not
required that the arresting agency release the police report
before the defendant goes to court. However, sometimes our
criminal defense attorneys can talk the police into releasing
the report.
7. Decision to Charge
The police do not file charges. They only make
recommendations to the prosecuting attorney if charges
should be filed. After reviewing the police reports, it is up to
the DA to decide if to file charges and what charges to file.
Sometimes if our criminal defense attorneys become involved
in the case early enough, we can stop charges from being
filed or have less serious charges filed. If you are the subject
of a criminal investigation, it is always a good idea to discuss
the situation with a criminal defense attorney.
8. Filing the Complaint
The prosecuting attorney files a document called a complaint
with the court. The complaint describes the charges that are
being filed against the defendant.
9. Arraignment/First Appearance
In California,the police are permitted to hold a suspect for up
to 48 hours (not counting weekends) after the arrest before
seeing a judge at an initial appearance. The suspect is entitled
to see a criminal defense attorney immediately if requested.
At the initial appearance, the defendant will be read his/her
rights and the charges against him/her. Bail is set during the
initial appearance. Bail is an "insurance policy" that the
defendant will appear before the court again. The amount of
bail is determined by the seriousness of the offense and by
the Judge, usually using a "bail schedule". Bail can be $0 if the
defendant is released "on their own recognizance " (O.R.),
but it can be increased if the Judge feels that the defendant
will not appear in court again. If the DA does not file charges
within the 48 hours from an arrest, the suspect must be
released on their OR.
Having an attorney at this early stage can have a huge impact
if bail is set or how much it is set for.
During a later proceeding in front of the court, the defendant’
s criminal defense attorney can bring a motion to reduce bail.
The judge decides whether to reduce bail and will consider
the defendant's risk of flight and danger to the public.
Discovery is given to the defendant’s criminal defense
attorney after arraignment. Discovery includes, but is not
limited to: police reports, medical records, probation reports,
photographs, diagrams, and viewing of physical evidence.
Discovery in criminal cases must be reciprocal, which means
that the prosecution must provide the defendant’s criminal
defense attorneys with the evidence they are using in the
case. Neither the prosecution nor the defense may "hide"
evidence and later introduce it during the trial.
10. Pretrial Conference
After the arraignment, the court will schedule several pretrial
conferences. The purpose of these hearings to is monitor the
progress of the case.
11. Preliminary Hearing
Preliminary hearings only occur in felony offenses. In
California, a preliminary hearing is necessary for the Judge to
determine whether or not there is sufficient evidence or
probable cause to support the charges against a defendant
and transfer the case over to Superior Court for trial.
12. Filing of the Information
After the preliminary hearing, the prosecuting attorney will file
a document, called an information, with the Superior Court
which notifies that the State is "charging" the defendant with
a particular crime.
13. Arraignment on the Complaint or Indictment
During the arraignment, the defendant is taken before the
Superior Court and informed of the charges. At that time, the
defendant will answer to the charges by pleading not guilty,
guilty or no contest. At the Superior Court arraignment, the
amount of bail may be reviewed, which may be increased or
decreased at the court's discretion.
14. Pre-Trial Conference
At the pre-trial conference, the criminal defense attorneys
negotiate with the prosecuting attorneys in order to obtain
the best possible plea for their client.
The agreement might include:
* The prosecution charges the defendant with a lesser charge
* The prosecution agrees to a lesser punishment for the same
charge
* The number of counts may be dropped
* Alternative sentencing
Criminal defense attorneys may also file pre-trial motions,
which may assist in dismissing charges or changing the
prosecution's position. Some common pre-trial motions are:
* Motion to Suppress Evidence
* Motion to Dismiss the Information
* Motion for a Speedy Trial
* Motion to Sever Counts
* Motion to Compel Discovery
15. Trial
If the case does not settle, it proceeds to trial. During a jury
trial and after the jury is selected, both the criminal defense
attorneys and the prosecuting attorneys complete the
following process:
* Opening statements
* Direct examinations of their witnesses
* Cross examinations of the opposing witnesses
* Closing arguments
During the deliberation of the case, the jury decides the guilt
or innocence of the defendant, but the judge will determine
the appropriate sentence if the defendant is found guilty.
Upon a guilty verdict, a motion for New Trial might be filed
with the court.
16. Sentencing
Sentencing is a court hearing where the judge determines
punishment. There is often great flexibility at this stage of the
process.
A defendant may be sentenced to probation instead of prison.
However, he/she may be ordered to do some local custody
time as a term of his/her probation. If a defendant violates
the probation, he/she may be incarcerated in prison.
Formal probation is when an individual is supervised by a
probation officer. Informal or summary probation is
unsupervised. If probation is not granted, there is usually a
range of three prison terms in each felony crime. These prison
terms are called low term, mid term, and high term. Criminal
defense attorneys argue about the proper prison term based
on the facts of the particular case. The final word is within the
judge's broad discretion.
Some alternatives to jail that our criminal defense attorneys
might negotiate are:
* Detox Programs
* Electronic Home Monitoring
* Residential Treatment Centers
* Counseling
* Weekend Work Programs
* Community Service
17. Additional Consequences
In addition to any sentence imposed by the court, a conviction
can have a number of independent consequences. This is why
it is important to discuss the case with a criminal defense
attorney before entering a plea or accepting a plea bargain.
On felony cases, these consequences can include, but are not
limited to:
* Loss of the right to vote.
* Loss of the right to possess a firearm of any kind.
* Loss of the right to associate with known criminals.
* Registration as a sex offender.
* Increased penalties for future criminal convictions.
* Registration as a narcotics offender.
18. Appeals
If convicted, a defendant may appeal to a higher court. The
purpose of an appeal is to ensure that the trial court did not
make any legal errors throughout the trial process. Appeals
may result in the reversal of a defendant's trial court
conviction.
Contact Us for a Free Confidential Consultation
If you want to find out how you can be helped, I will be glad to talk with
you. It costs nothing to speak to our office. You will find our staff
incredibly knowledgeable, friendly and willing to help. I am confident that
you'll be impressed with my firm and what we may be able to do for you.
Please feel to call my office toll free at 1-800-978-0186 to schedule a
confidential no charge consultation or if you prefer, e-mail me directly
from the contact page
CAUTION: All legal matters have their own specific
factual and legal circumstances that highly influence
the result in each case. The same results will not
necessarily be obtained in similar cases.
Butte County, Bangor, Biggs, Butte Meadows, Chico, Durham, Forest
Ranch, Gridley, Magalia, Nelson, Nord, Oroville, Palermo, Paradise,
Richvale, Stirling City, Thermalito
Placer County, Auburn, Colfax, Kings Beach, Lincoln, Loomis, Rocklin,
Roseville, Tahoe City,Weimar,Sacramento County, Citrus Heights, Elk
Grove, Folsom, Galt, Isleton, Rancho Cordova, SacramentoNevada
County, Nevada City, Truckee, Grass Valley, Penn Valley
El Dorado County, South Lake Tahoe, Placerville
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
Phillips Law Offices...
You're Not Alone,We Stand Strong with Our Clients
In the Pursuit of Justice.
You're Not Alone,We Stand Strong with Our Clients
In the Pursuit of Justice.