Orange County Criminal Attorney

In the vast majority of criminal cases, the first stage of the case comes in the form of an arrest. This can be a DUI arrest after a traffic stop, or a domestic violence arrest after a complaining spouse called the police. At this stage, the police officers will investigate the alleged crime, gather the evidence, and attempt to record any statements.

At the end of the arrest, 2 things can happen: 1) the officers can leave without taking anyone into custody, or 2) the officers can decide to take one or more person into custody. If you are taken to custody, you will undergo a “booking” procedure in jail, after which you will be given the option to post bail.

Regardless of whether custody occurs, the arresting officers will send their police reports to the prosecutor (generally the District Attorneys). Then, attorneys at the District Attorney’s Office will determine if charges will be filed.

If charges are filed, you will be required to appear for what is known as the arraignment. At arraignment, you will be admonished of the charges against you, informed of your rights, and the judge will review your bail status. In many cases, the best time to resolve your case would be at your arraignment!!! For example, some prosecutorial offices will offer a better plea deal at the arraignment, because that saves the state the time and cost of prosecuting the case further. This is why it is extremely important that you go to your arraignment with a dedicated attorney, so we can take full advantage of this opportunity.

At the end of your arraignment hearing, the judge will generally set a few future hearings. One of these hearings is the pretrial hearing. Pretrial hearings is where your attorney and the prosecutor meets face-to-face to discuss the particulars of each case. In most cases, this is the MOST IMPORTANT stage of the case! Imagine 2 DUI defendants, the first goes to the pretrial having done nothing, and the second is accompanied by an attorney who has proof that the defendant attended AA’s, rehab, and actively volunteers in the community. Of course, the outcome will be more favorable for the latter person.

In felony cases, a preliminary examination hearing will be scheduled. The preliminary examination, as the name suggests, involves the prosecutor introducing some of their evidence. Not the entirety of their case, but enough of it to convince the judge that the case has merit, and should not be dismissed for lack of evidence. If you are charged with a felony, this is also your first opportunity to cross examine the prosecutor’s witnesses, and to attempt to get your case dismissed out of court.

In some cases, it may be necessary to set a hearing for various motions. These includes motions that challenge the legality of the arrest, the statute of limitations, the sufficiency of the probable cause, etc. A favorable motion ruling can significantly improve the outlook of a case. In many cases, a successful motion can even get a case tossed out of court altogether!

At some point, a defendant must make a difficult decision: should we settle the case or take the case to trial? If the defendant decides to settle the case –that is, accept the plea bargain- the case will proceed to sentencing. At this stage, the judge will sentence you based on your agreement with the prosecution. In some cases, if the prosecutor is being unreasonable with their stance, a judge may step in and offer a lenient sentence in exchange for what is known as a “plea to the court.” It takes a persuasive attorney armed with knowledge of the client’s specific facts to convince a judge to exercise this discretion. This is yet another reason why a dedicated and skillful attorney is so instrumental to a successful defense.

If a case does not settle or get dismissed, the case will eventually proceed to jury trial. In a jury trial, 12 randomly selected jurors will determine guilt or innocence. The jury must unanimously vote for “guilty” or “not guilty,” otherwise the result is a “hung jury.” In many cases, a “hung jury” can result in a dismissal because the court determines that it is in the best interest of justice to discontinue prosecution. Again, you will want a skilled and experienced attorney to advocate for this position should you get to this point.

A common misconception is that the victims or witnesses to a crime are the ones who “press charges.” That is NOT how a criminal prosecution works. Here in California, the only people vested with the power to initiate a criminal prosecution are duly deputized prosecutors; generally, attorneys from the District Attorney’s Office.

Likewise, it is a common misconception that the victims or witnesses have the ability to “dismiss the case.” The underlying premise of a criminal prosecution is that the defendant has committed a “public offense,” and the prosecutor is initiating the prosecution as a representative of “the people.” That is why criminal cases are named “the people of California v. [defendant’s name].”

As such, criminal cases must be adjudicated in a court of law. The prosecutor may motion to dismiss a case, or the judge may order a case dismissed given some legal infirmities. But the victim or witness to a crime does not have the power to dismiss.

Some of the most common criminal cases are:

• Theft crimes.
• Narcotics/drugs offenses.
• Domestic violence.
• Gang violence.
• Child abuse.
• Assault and battery.
• DUI.

Here at Orange County Criminal Attorneys, we have a wealth of experience dealing with all of the above cases. When you come in for an in-person consultation, we will walk you through the various scenarios and answer any questions you may have about your specific case.

Some of the potential consequences of a criminal conviction are:

• Custody in jail and/or prison.
• Registration as a narcotics offender, sex offender, or habitual traffic offender.
• Loss of voting privileges.
• Loss of driving privileges.
• Loss of right to possess firearms.
• Loss of educational and/or occupational opportunities.
• Deportation and/or loss of immigration status.
• Probation – formal or summary.

The above is merely a small list of possible consequences of a criminal conviction. It cannot be stressed enough that the stakes in a criminal conviction are extremely high; do not take any case lightly!