Navigating Criminal Law in Los Angeles
According to the Prison Policy Initiative, California has an incarceration rate of 494 per 100,000 residents, one of the highest among democratic nations. Approximately 199,000 Californians are behind bars in state prisons, local jails, federal facilities, and other types of detention. Each year, at least 368,000 individuals are booked into local jails, highlighting the significant turnover in these facilities.
A California criminal conviction can profoundly impact your life, potentially resulting in the loss of voting rights, employment opportunities, and personal freedom.
California Three Strikes Law
California’s Three Strikes law greatly enhances penalties for repeat offenders. This legislation has resulted in nearly 25,000 individuals receiving sentences of 25 years to life after being convicted of three felonies — even if the third felony was non-violent. In 2012, voters approved Proposition 36, which reformed this law by stipulating that the third strike must be a serious or violent felony. This change also allowed some inmates serving life sentences under the original law to petition for reduced sentences.
Types of Criminal Offenses in California
California law lays out penalties for specific kinds of offenses, including:
Infractions
These are minor offenses (such as traffic violations) that are not punishable by imprisonment. Typically, infractions result in fines and do not entitle the accused to a jury trial or public defender.
Misdemeanors
Misdemeanors are punishable by fines and up to one year in county jail. Common examples include petty theft, trespassing, and public intoxication. Although they’re less serious than felonies, they often carry hefty penalties, making it important to have a skilled criminal defense attorney.
Felonies
Felonies are serious crimes, carrying punishments such as life imprisonment. This category includes severe offenses such as drug crimes, domestic violence, serious assault, manslaughter, and murder.
Wobbler Offenses
Some crimes can be charged as either misdemeanors or felonies, based on factors such as prior convictions and aggravating circumstances like the use of a weapon. Sometimes, the deciding factor between a misdemeanor and a felony conviction is the presence of an experienced criminal defense lawyer advocating on your behalf.
The Criminal Court Process in Los Angeles & California
Here is an overview of the California criminal process:
Arrest
The criminal court process begins with an arrest based on probable cause or a warrant. Once arrested, the individual is booked, at which point personal details and the nature of the alleged offense are recorded. Depending on the case, the person might be released on bail (a financial guarantee that they will return for future court dates), or they may remain in custody (remanded).
Arraignment
The arraignment marks the first formal court appearance following an arrest. In this hearing, the judge presents the charges filed by the district attorney to the defendant, who must then enter a plea: guilty, not guilty, or no contest. A guilty or no contest plea usually leads to sentencing, while a not guilty plea advances the case to the pretrial phase.
Preliminary Hearing
For felony cases, a preliminary hearing allows the prosecution to present evidence to demonstrate that there is enough probable cause to believe the defendant committed the crime. The defense can cross-examine witnesses and challenge the prosecution’s case, but it is not required to present its own evidence at this stage. If the judge determines there is sufficient evidence, the case proceeds to trial. If not, the charges may be reduced or dismissed.
Pretrial
During the pretrial phase, the defense and prosecution exchange evidence and witness information in a process known as discovery. This stage is critical for both sides to build their cases. The defense may file motions to challenge the prosecution’s evidence or seek to have charges reduced or dismissed. The goal here is usually to resolve the case before it reaches trial, either through negotiations or pretrial motions.
Trial
If the case is not resolved during the pretrial stage, it moves to a trial that takes place before a judge and jury or just a judge (a bench trial). During the trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt, while the defense aims to counter the evidence and establish reasonable doubt. If the defendant is found not guilty, they are released. If found guilty, the judge schedules a sentencing hearing to determine the appropriate punishment.
Understanding Your Legal Rights When Facing Criminal Accusations
If you’re facing criminal charges, it’s crucial to know and protect your rights, which include:
The Right to Remain Silent
You have the right to refrain from speaking and possibly saying something that might incriminate you. Understanding when and how to exercise your right to remain silent is crucial, and we guide you through this process to prevent self-incrimination and bolster your defense.
Protection Against Unreasonable Searches and Seizures
You are protected against unwarranted searches of your person, vehicle, or home. Police often try to bypass this right, but our defense team scrutinizes your case for any illegal searches, which can lead to the dismissal of charges if any violations are found. We ensure that any evidence obtained unlawfully is excluded from your case.
The Right to Legal Representation
The right to legal representation is fundamental, and having a skilled attorney from the moment you’re charged with a crime can significantly impact your case. Premier Lawyers provides top-flight counsel and robust criminal defense throughout the legal process, ensuring your rights are protected during interrogations and court proceedings.
Presumption of Innocence
You are presumed innocent until proven guilty. This principle underpins our defense strategy. We remind the court that the prosecution bears the burden of proof, and we work tirelessly to maintain your innocence. We scrutinize the prosecution’s evidence, challenging any weaknesses to make sure they cannot prove guilt beyond a reasonable doubt.
