In this post I am going to explain how and why prosecutors and not victims are the ones that decide when charges are filed in a criminal case. Why The Prosecutor And Not The Victim Makes the Decision When someone has been harmed by the actions of another, it can rise to criminal conduct if…
If you are charged with a felony offense in California, you are entitled to a preliminary hearing, which may also be referred to as a probable cause hearing. Although probable cause is routinely found at these hearings and defendants bound over for trial on the charges, they can offer a prepared defendant in certain cases…
The plea process is an essential component of the criminal justice system. Below we describe in detail how this process plays out in a case. Overview Of Plea Bargaining The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo…
If you are charged with a crime, your first question might be whether you need an attorney to represent you. Your options include the following: Representing yourself Getting a public defender (If you qualify), or Hiring a private attorney Watch this video to understand how to decide between these (3) options: What Are The Risks…
A “wobbler” is a criminal offense which allows the prosecutor discretion in choosing to charge the crime as a misdemeanor or felony. A person’s criminal history may be a deciding factor in the prosecutor’s decision. Watch this video to understand how a prosecutor may decide between a misdemeanor or felony. How Does a Prosecutor Decide to Charge a Crime as…
A defendant’s criminal history is taken into account by prosecutors and judges in a number of scenarios. In fact, A defendant’s criminal history may have a tremendous impact on the outcome of a new criminal case. Let’s take a look at how a prior criminal history can affect a new case. Does a Prosecutor Use…
If you were arrested and charged with a misdemeanor or felony in California, you will be given a court date to appear for your arraignment. If you fail to appear at criminal court on the scheduled date and time, you face an additional criminal charge of failing to appear1. What Does The Prosecutor Need To Prove For Conviction? To be…
Bail refers to funds deposited by a defendant or third person that is designed to ensure that the accused will make all future court appearances. It can be in cash or in the form of a bond secured from a bail bondsman. Bail is not imposed on every criminal offense, however, and it largely depends…
The first step in a criminal case is generally the arraignment which is the first court date. For felony matters, you may have two arraignments–one before your preliminary hearing and one after its completion if you are held to answer on the charge. What Is The Purpose Of The Arraignment? The main function of the arraignment is for…
While researching a criminal defense attorney for your matter, an important consideration may be cost and how the attorney or law firm charges for criminal cases. How Do Criminal Defense Attorneys Determine Fees? Criminal defense attorneys will typically handle a case on a flat fee basis although it may be possible to have an hourly fee basis depending…
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