Felony
This is a criminal charge which carries a punishment which may result in
confinement in state prison.
Misdemeanor
This is a criminal charge which carries a maximum punishment of no more than
one (1) year in the county jail.
Bail Information
Mr. Shevin has relationships with Bail Bondsmen throughout the state and Bail
arrangements can usually be made without collateral. Easy payment plans are
also available. Call Mr. Shevin's office at 310-273-1300 to get a bail referral.
Court Process
Whether an individual is in custody or free on bail, the actual court process
is the same. The major difference is that an individual in custody must be
brought before a judge within two (2) days. Following an individual's arrest
on criminal charges, the arresting officer presents a police report to a prosecuting
attorney who then decides what charges, if any, will be filed. This stage
of the process is termed the pre-arraignment or pre-complaint stage. Many
times, cases can be dismissed at this early stage without the need for a court
appearance.
Arraignment
Once a complaint is filed by a prosecutor, the defendant is notified of the
charges formally at the arraignment. Typically, a not guilty plea is entered
at this arraignment, however, cases may also be resolved at this stage when
factual and legal issues are not in dispute.
Pre-Trial
The pre-trial
process in the criminal justice system is not the same for all cases. In felony
cases, the prosecutor must present his case to a judge during a preliminary
hearing before the case is sent to a trial court. Many criminal matters can
be resolved before they actually proceed to trial. Some are dismissed based
upon a variety of tactics and legal procedures taken by the defendant and
his attorney. Sometimes matters can even be resolved before charges are ever
filed if the prosecutor can be convinced that the evidence is not strong enough
against a suspect to justify filing a case and wasting the court's time. On
other occasions, effective defense attorneys are able to quickly identify
flaws in the prosecutor's case, such as an illegal search and seizure, entrapment,
or other technicality, and convince the prosecutor's office to not file charges,
or if charges have been filed, to get them dismissed In essence, the pre-trial
stage of the criminal process allows defendants to evaluate the strength of
the case in order to determine if a plea bargain should be negotiated or the
case should be presented to a jury. Examples of pre-trial motions include:
Motions to Dismiss for Insufficient Evidence (Penal Code section 995);
Motions to Quash Search Warrant;
Motions to Suppress Evidence;
Motions for Discovery of Favorable Evidence to the Defense;
Motions to Reveal the Identity of Confidential Informants; and
Motions to Exclude Evidence at Trial.
Preliminary Hearing
Preliminary hearings are a critical step of the process as this is an opportunity
to cross examine prospective witnesses in order to challenge their credibility
and file motions to challenge the admissibility of the evidence and dismiss
the case. In misdemeanor cases, a preliminary hearing or indictment is not
required and therefore cases proceed directly to trial.
Grand Jury Indictment
In very serious state cases and in Federal cases, the prosecutor presents
his case to a grand jury, instead of a judge, who then decides if sufficient
cause exists to send a case to trial. This is called a Grand Jury Indictment.
Trial
Criminal cases
which are punishable by a jail or prison sentence carry with them a right
to a jury trial as opposed to a trial before a judge. The only exception to
this rule is for cases charging less than one ounce of marijuana where the
maximum punishment is a fine of $100.00, but a defendant still has a right
to a jury trial. At a trial, twelve members of the community are chosen to
listen to the evidence. In order to find a defendant guilty, all twelve jurors
must unanimously find that the defendant has been proven guilty beyond a reasonable
doubt. When all twelve jurors agree a defendant is not guilty, the result
is an acquittal and a defendant is forever released from any further prosecution
for the case. When the jurors fail to agree unanimously, this results in a
mistrial, which then allows the prosecution to re-file the case and proceed
to trial again.
Appeals
Following conviction or an unfavorable legal ruling by a judge, a defendant
may file an appeal which results in the review of previous ruling by a panel
of judges in the Court of Appeals. When an Appeals court agrees with the challenged
result, this is referred to as "Affirming"; When an Appeals court
disagrees with the prior result, this results in the case being "Remanded"
for another hearing consistent with the Appellate decision, or "Reversal"
which over-rules the prior result and concludes the matter.
CALIFORNIA PENAL CODE SELECTED PROVISIONS
Penal Code section 1538.5
