Facing a violent crime accusation in California can be a distressing experience. The complex legal system and possible outcomes may leave you feeling confused and uncertain.
The Law Offices of Kerry L. Armstrong, APLC, understands the gravity of these charges. Below, we outline the legal process for violent crimes in the California justice system when dealing with violent crime allegations.
Investigation to Arraignment: The Initial Stages
Arrest
Most criminal cases begin with an investigation and an arrest. Law enforcement might question you or others involved, gather evidence, and potentially make an arrest. If arrested, you have the right to remain silent and to request an attorney immediately. This is a crucial step – do not speak to law enforcement without an attorney present.
Booking
Upon arrest, you will be taken to a police station for booking, which involves recording your personal information, taking photographs, and fingerprinting. You will be informed of your Miranda rights, including the right to remain silent and the right to an attorney.
Arraignment
You’ll be arraigned in court following the arrest, typically within two business days. The formal charges against you will be read during the arraignment, and you will be informed of your rights. This is your opportunity to enter a plea of not guilty, guilty, or no contest.
The judge will also consider bail and decide whether you will be released from custody or held until trial. A skilled criminal defense lawyer can advise you on the most strategic plea option in your specific situation.
Contact a Criminal Defense Lawyer
This is a crucial juncture. Securing a knowledgeable criminal defense lawyer is essential and can significantly impact the outcome of your case. Your lawyer will advise you on your options, including pleading not guilty, negotiating a plea bargain, or going to trial. They will also fight to protect your rights throughout the process.
Pretrial Proceedings
Pretrial proceedings involve several steps aimed at preparing the case for trial. These include:
- Pre-trial conference—this meeting between your lawyer, the prosecutor, and the judge explores the possibility of a plea bargain or sets a timeline for further proceedings.
- Discovery—both the defense and prosecution exchange evidence and information pertinent to the case. This may include police reports, witness statements, and forensic evidence.
- Preliminary hearing (felonies only)—in felony cases, a preliminary hearing determines if there is enough evidence to warrant a trial. Your lawyer can challenge the evidence or witness testimonies presented by the prosecution.
- Motions—your attorney may file pretrial motions to suppress evidence, dismiss charges, or compel the prosecution to provide additional information. Successful motions can significantly impact the outcome of your case.
- Plea bargaining—in some cases, your attorney may negotiate with the prosecutor to reduce charges or penalties in exchange for a guilty plea. Plea bargains can be beneficial, but it’s essential to have experienced legal counsel to ensure the terms are in your best interest.
This phase allows your criminal defense attorney to build a strong defense strategy.
Trial and Sentencing
If no plea agreement is reached, the case will proceed to trial. Your attorney will represent you throughout the trial. The trial will typically proceed as follows:
- Jury selection. A jury is selected through voir dire, where potential jurors are questioned to determine suitability.
- Opening statements. The prosecution and defense present their opening statements, outlining their cases to the jury.
- Presentation of evidence. The prosecution presents its evidence first, followed by the defense if it wishes to do so. Both sides may call and cross-examine witnesses.
- Closing arguments. After all evidence has been presented, both sides make their closing arguments, summarizing their cases and attempting to persuade the jury.
- Jury deliberation. The jury deliberates in private to reach a verdict. To convict, they must find you guilty beyond a reasonable doubt, which is the standard of proof in all criminal cases.
- Verdict and sentencing. The judge will schedule a sentencing hearing if the jury returns a guilty verdict. If you are found not guilty, you will be released.
Sentencing
If found guilty, the sentencing phase determines your punishment. When making a decision, the judge will take into account different aspects, such as:
- The seriousness of the offense,
- Your previous criminal record, and
- Any factors that could lessen your responsibility.
Your attorney will fight for the most favorable sentencing outcome possible.
Appeals
You have the right to appeal the decision if you are found guilty and believe there were errors in the trial process. An appellate court will review the trial record to determine if legal mistakes, such as improper jury instructions or evidentiary errors, affected the outcome. Appeals can be complex, requiring an experienced criminal defense appellate attorney to navigate the process effectively.
Potential Consequences of Violent Crime Convictions
Violent crime convictions in California carry significant penalties, including:
- Incarceration. Sentences can range from months to life imprisonment, depending on the specific crime.
- Fines. Fines can be substantial, adding financial burdens to the already harsh consequences.
- Restitution. You may be ordered to pay restitution to the victim(s) to compensate them for losses.
- Probation. Probation can be imposed alongside or instead of incarceration, requiring compliance with specific conditions.
- Loss of rights. A violent crime conviction could impact your gun ownership rights, voting rights, and employment opportunities.
Seeking legal counsel is essential to minimizing the impact of these penalties.
Can a Violent Crime Charge Be Dismissed from My Record?
Certain violent crime convictions can be dismissed in California, meaning they can be somewhat cleared from your criminal record under specific circumstances. Your eligibility for a dismissal depends on the offense’s nature, sentence completion, and other factors. Consulting with a criminal defense attorney can help you understand your options.
Don’t Take on the Legal Process for Violent Crimes in California Alone
The Law Offices of Kerry L. Armstrong, APLC, offers experienced, compassionate, and effective legal representation. With over 100 cases tried to a jury, our firm has the expertise to defend your rights and work towards the best possible outcome for your case. Our dedication to our clients across San Diego County has earned us media recognition and a reputation for excellence in criminal defense.
If you or a loved one is accused of a violent crime, contact us today for a consultation.
Where You Can Find Our San Diego Office
Kerry L. Armstrong
Rate this Post
Loading...