Case Progression
The first step:
A person accuesd of a misdemeanor or felony has the right to the services of a lawyer from the first time he or she stands in front of a judge. If you receive a ticket telling you to be in court for a misdemeanor or a felony, immediately call the Law Offices of Naresh Rajan. We will help you get together the necessary information and take the right steps to fight your case.
The following is a brief outline of the stages of a criminal case.
Misdemeanors:
•
Arraignment - you appear in front of a judge on the day it says to
appear on your ticket or other papers. The judge asks you what your
plea will be, and you typically say "Not Guilty," and set a date to go
to a pre-trial conference
• Pre-trial
Conference - the prosecutor or District Attorney, your lawyer, and the
judge talk about your case and work out a plea bargain. This is a
proposed disposition of the case to avoid the expense and time of a
trial to resolve the case. The offer typically will include some fines
and jail time. The prosecutor or the judge may want to put you on
probation with certain conditions. These may include such things as
allowing police to search you and your effects, an order to stay away
from someone, and etc.
•
Trial - if the offer is not what you expected, or if the prosecutor is
not convinced of your innocence, you have the right to a jury trial in
misdemeanor cases. A misdemeanor trial can take over a week in more
complicated cases. It is the only way to fight your case if the
prosecutor or judge will not believe that you are not guilty.
Felonies:
•
Case review - minor felonies go to a preliminary review session where
the court offers a plea bargain before any actual evidence is heard.
•
Preliminary Hearing - the initial hearing in felony cases to determine
whether there is probable cause to believe a crime has been committed.
Probable cause is defined best as circumstances giving the observer a
strong suspicion that a crime has been committed by you. If there is
probable cause, the judge will hold you over to be arraigned for the
crime.
• Pre-trial Conference - essentially the same as a misdemeanor pre-trial conference, see above.
• Trial, court or jury - also essentially the same as a misdemeanor jury trail, see above. The consequences are more serious in felonies, but the trial process is essentially the same.