CRIMINAL DEFENSE

Criminal Defense

Criminal Defense

Blog Article


  1. Arrest and Charge

    • An arrest begins the criminal process. During arraignment, the defendant hears the formal charges and is allowed to plead guilty, not guilty, or no contest to the charges.



  2. Pretrial Procedures

    • They include bail hearings, discovery, and pretrial motions, such as suppression of illegally obtained evidence.



  3. Judgment

    • In a trial, the prosecutor must prove the defendant's guilt beyond a reasonable doubt. This includes the presentation of evidence and the testimony of witnesses.



  4. Sentence and Appeals

    • If the defendant is found guilty, the judge imposes a sentence based on California Penal Code guidelines. Appeals allow for challenging legal or procedural errors.







Common Criminal Defense Strategies



  1. Questioning the Evidence

    • Defense attorneys may argue that the evidence was obtained illegally or is unreliable.



  2. Lack of Intent Defense

    • In cases where criminal intent is required to be proven, the attorney may argue that the act was accidental.



  3. Mental Health Advocacy

    • It can be argued that the defendant was not mentally capable of understanding the consequences of his actions.



  4. Plea Deal Negotiation

    • Instead of going to trial, attorneys can negotiate lighter sentences in exchange for a guilty plea.







Common Types of Criminal Cases in California



  1. Misdemeanors

    • They include DUI, petty theft, vandalism and simple fighting.



  2. Felonies

    • Examples: murder, rape, grand theft and drug crimes.



  3. Double Crimes (Wobblers)

    • Some crimes can be prosecuted as minor or serious, depending on the circumstances.



  4. Violations

    • They include traffic violations and other misdemeanors that generally do not carry jail time.







Unique Aspects of the California System



  1. Three Strikes Law

    • Sentences for repeat offenders can be significantly harsher, including 25 years to life in prison for a third conviction.



  2. Realignment Policies

    • Many people are sent to county jails instead of state prisons because of overcrowding problems.



  3. Juvenile Justice

    • California has a separate system for those under 18, focused more on rehabilitation than punishment.



  4. Decriminalization of Minor Crimes

    • Recent laws have reduced penalties for minor offenses such as possession of small amounts of drugs.




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