The Criminal Process

Understanding the Los Angeles Criminal Process

Every serious criminal case involving homicide or other violent crime offense goes through a process that it is important that you understand if you or a loved one has been arrested and charged with a felony crime.   The situation is extremely frightening and distressing and requires immediate help from a Los Angeles felony defense lawyer to guide you through the process and fight to defend you.  The sequence of events in any serious criminal offense is as follows:

The Arrest

Law enforcement arrests the individual for the crime, based on the evidence they have and the probable cause that the individual arrested was likely responsible for the crime.  The evidence can be circumstantial, physical, or based on witness testimony.  However, the police do not file the charges; they provide the case to the prosecutor who determines if charges should be filed.  Many individuals put themselves in jeopardy by talking to law enforcement without an attorney.  This is a dangerous pitfall for any individual accused of a serious crime.  You must not talk to law enforcement without first getting legal representation.

Filing the Complaint

The prosecutor files the complaint with the court.

The Arraignment

This is the formal hearing in which you are charged with the offense.  Bail may be set at this hearing as well.  Never attend this hearing without legal counsel to advise you how to proceed.

The Preliminary Hearing

This is an important hearing that will determine whether there was probable cause.  In some cases, the criminal defense lawyer may have a court challenge to certain evidence if your constitutional rights were violated when it was gathered.  In such a case, if the challenge is successful and the evidence suppressed, the charges may be dismissed.  At this hearing, if the judge decides that there is probable cause that the accused committed the crime, the case will be sent to the Superior Court.

Superior Court Arraignment

This is the hearing in which you are charged formally in Superior Court.  You may have your bail adjusted, or have further charges added to the original charge, based on the evidence the judge has.  You are going to plead guilty or not guilty, and you can be advised by the attorney from the Law Offices of Robert Schwartz regarding the importance of this step of the process.

Pre-Trial Conference

This conference gives your criminal defense attorney and the prosecutor, often with a judge present, the opportunity to discuss the case and such aspects as reducing the charge, plea agreements or other deals that could be worked out regarding the case.  It is critical that you are represented by a skilled negotiator from the Law Offices of Robert Schwartz at this point, as it may be necessary to convince the prosecutor about some aspect of the case in order to assist the client.

Trial

The trial is in a standard format for each case.  Jury selection is made by the prosecutor and the defense attorney.  This is a crucial part of the process, as having an understanding about who to choose and who to reject in the jury pool based on the information gotten from the potential juror can make or break a jury trial for the defense.   The trial begins with opening arguments, and the prosecuting attorney always is the first to speak.  Your defense attorney then makes their opening argument.  The witnesses are now called and evidence and testimony is presented to the jury.  When the case is wrapped up, both attorneys now make their closing statement.  The jury will now have to decide whether they feel you are guilty beyond a reasonable doubt.  They must agree 100% in order for the verdict to occur.

Sentencing

If you are found guilty, you will be sentenced at a sentencing hearing in which you will have the opportunity to ask for probation or a lower sentence based on certain facts.  The judge will sentence you based on their determination about what you deserve for the crime, and in some cases this is probation, and in others it can even be the death sentence, depending upon the severity of the crime and prior agreements made with the prosecutor.

Appeals

If you were unfairly convicted or there were procedural or legal errors in the trial, you can make an appeal.  This is a carefully crafted document that requires legal research in order to show how the misapplication of the judicial system came to pass and its result on the case.  If it is approved, it may reverse your conviction.  In some cases, a new trial will be scheduled, or you will be totally freed.

Parole

Once you have spent a portion of the time in prison, you may become eligible for parole.  This is when you are released from prison, but are still under the care of the system and must report and not violate any of the requirements of your parole, or you will be returned to prison.