California Criminal Process

Top Orange County Criminal Defense Lawyers, Premier Southern California Criminal Defense Attorneys

If you have never been charged with a crime, the criminal process can be foreign and intimidating. Let the experienced criminal defense attorneys at the Law Offices of Michael L. Guisti guide you through the process. Our Orange County criminal defense attorneys are extremely knowledgeable and experienced with Southern California and Orange County criminal law and court systems, both state and federal level.

If you or someone you know have been arrested or charged with any type of crimes in Orange County, Los Angeles, Riverside, San Diego or San Bernardino, you need to contact our experienced Southern California Criminal Defense Lawyer immediately to ensure that your legal rights have been protected.

Our Orange County based Criminal Defense Attorneys are highly experienced with wide range of criminal defense in Southern California for both misdemeanor and felony case, such as Assault and Battery, Professional License Defense, White Collar Crime, Theft Crimes, Appeals, Habeas Corpus, DUI, Drug crimes, Violent Crimes, Domestic Violence, Murder, Vehicle Manslaughter, Sex Crimes, Three Strikes and more. Please contact our Orange County Criminal Attorneys at 714-530-9690 for more information about your case.

First Appearance/Arraignment:

After being charged with a crime, your first court appearance will be the arraignment, where the charges against you will formally be made known to you. No actual trying of your case takes place during your arraignment. Your constitutional rights will be read to you, and in the case of a misdemeanor, asked to enter a plea of either guilty or not guilty. Your criminal defense attorney will receive a formal complaint detailing the charges against you, in addition to evidence in the prosecution's possession, such as police reports.

If you are being held in custody, often there will also be a bail hearing at your arraignment. A monetary bail is the Court's way of guaranteeing that you will show up in court. In determining the bail amount, the judge will consider the how long you have lived in the community, any family that you have within the community, whether you have any prior convictions, whether you are a risk to flee the area, whether you have a history of not showing up in court, the seriousness of the charges against you, and whether you pose a threat to the well-being of the community.

Readiness Conference:

The readiness conference is a somewhat informal meeting between your attorney and the prosecutor designed to facilitate negotiations toward a plea deal that is favorable to both sides. Your criminal defense attorney will try to obtain a plea bargain in your favor, perhaps a deal to avoid jail time in exchange for probation or community service, and the prosecutor may be willing to accept a guilty plea to lesser charges to avoid the risk of a trial and possible acquittal. While it is an informal conference, both sides will appear before the judge to obtain the next court date.

Preliminary Hearing:

Should your case be a felony matter, you will be scheduled for a preliminary hearing. At the hearing, the prosecution must present evidence to indicate probable cause that a crime was actually committed, and that you are the probable guilty party. The evidentiary standard for a preliminary hearing is lower than that of the actual trial - the judge must simply decide whether enough evidence exists to move forward to trial.

While it often is not the best strategy to present evidence on your behalf at the preliminary hearing, your defense attorney may instead use the hearing to cross-examine key witnesses for the prosecution and confirm the key details in their testimony, as a way to later determine what holes there are in the prosecution's case.

Arraignment in Trial Court (following Preliminary Hearing for felonies only):

If a judge finds that there is enough evidence to support a trial during your preliminary hearing, a second arraignment will be scheduled based on the filing of the prosecution's charging documents. You will be asked to enter a plea of either 'guilty' or 'not guilty' at this time. Any additional charges presented by the prosecutor during the preliminary hearing will be filed, as well. Your bail amount may be reviewed, and your attorney may petition the judge for your bail to be lowered.

Pre-Trial Conference:

The pre-trial conference is one final attempt for both sides to resolve the case via plea bargain to prevent the case from going to trial. Also, attorneys for both sides discuss pre-trial motions at this time.

Trial in Superior Court:

Should a plea bargain between the prosecution and the defense not be reached, the case moves on to trial. First, twelve people are chosen to serve on the jury that will be hearing your case and giving a verdict. The trial opens with both sides offering opening statements, where attorneys introduce the case to the jurors. Then the prosecution and defense take turns presenting evidence and witnesses for their side, with the opposing side having the opportunity to cross-examine the opposing side's witnesses. Both sides can offer a closing argument, and then the jury is given instructions by the judge on how to come to a verdict. For there to be a verdict, all twelve jurors must be unanimous in their decision.

Sentencing:

If you offer a guilty plea during arraignment, accept a plea bargain, or are found guilty at trial, the sentencing phase of the case begins. At the sentencing hearing, the judge weighs various mitigating factors in determining the appropriate punishment. In addition, your lawyer may present reasons why you should receive a less harsh punishment for your conviction.

Options Following Conviction

At times, a defendant that has pled guilty or was found guilty at trial may have a few options at his disposal:

Motion to Withdraw a Guilty Plea or Motion for a New Trial:

These two kinds of motions must be addressed on a case-by-case situation. Both motions are attempts to set your conviction aside.

Petition for Expungement:

If you made a plea bargain with the prosecution to plead guilty in exchange for terms of probation, you may petition the court to have your conviction expunged (or cleared) from your record, once you have successfully completing those terms.

Modification of Sentence:

If you are placed on probation, it might be possible to appear before the sentencing judge and have your lawyer request modifications on certain terms and conditions.

Appeal:

The facts of your case will determine whether you can bring an appeal and if it has merit. If your defense attorney can show that you were denied due process of the law or that the trial court made legal errors, you could get your conviction overturned.