Los Angeles Defense Attorneys & Lawyers

The Arraignment
An arraignment is the process by which the defendant is read specific charges against him. All arraignments are conducted after the suspect is arrested and booked by law enforcement. The defendant is arraigned and may choose to plead guilty, not guilty or no contest.

What Will Happen At The Arraignment?
The defendant or his attorney will appear before a judge.
1.The defendant will be asked to acknowledge his identity.
2.The defendant may have private counsel present or the court may appoint one.
3.The defendant may be told his possible punishment. The possible punishment is not a reflection on the case or the judges view of the case or the defendant.
4.If charged with a misdemeanor, the defendant is required to reply to the written charges with a plea of either guilty, not guilty, or nolo contendere. (no contest) If charged with a felony, the defendant may or may not be required to reply with a plea at the initial arraignment. (The policy of presenting a plea at a felony arraignment is different state-by-state)
5.In a misdemeanor case, the judge will set the defendant's tentative appearance schedule. In a felony case, the judge will set the defendant's tentative preliminary hearing. (Not all states have preliminary hearings. Some convene a grand jury to find probable cause.)
6.Bail is established. The defendant has a right to argue for a bail reduction.
7.Discovery is usually presented to the defense attorney. Discovery usually consists of a police report and a complaint. This varies by state. Some states do not provide discovery until after the preliminary hearing or indictment.
8.If the defendant pleads guilty at the arraignment, the judge may sentence the defendant at that time.

Pre-Trial Conference
This involves a meeting between prosecution and defense. Topics discussed in most states include plea bargain opportunities, strengths and weaknesses of the prosecutions case, and intangible factors of the case, such as the defendant's character and past history.

Preliminary Hearing (Felonies Only)
At the preliminary hearing the judge determines whether sufficient evidence exists to send the case to the upper court for trial. The judge reviews 1) Whether there is probable cause to believe a crime was committed. 2) Whether there is probable cause to believe the person in front of the court is the one who committed the crime.

The preliminary hearing will be conducted in front of a judge. No jury will be present.

Neither the prosecution or defense will present their entire cases; they want to preserve their case strategies for the trial.

Before trial, counsel will hold a Pre-Trial Conference
The pre-trial conference is a formal setting where plea bargaining occurs. The prosecution may offer alternative sentencing. The charge may be changed to a lesser charge. The number of felony counts may be dropped. A lesser punishment for the same charge may be agreed upon.

Plea Bargaining
Many cases end in a plea-bargain. Plea-bargaining is a way to avoid a potential stiff conviction in favor of an agreed upon lighter conviction. For instance, in a drug possession case, a judge may be convinced to dismiss the charges in return for the defendant's successful completion of a rehabilitation program. Some judges and prosecutors are favorable to plea-bargaining, whereas others are not. Plea bargaining enables the judges to move cases through the legal process, and prosecutors to rack up convictions.

Five things to consider regarding a plea bargain:
1.A judge-approved guilty or no contest plea bargain may result in a criminal conviction. The conviction will show up as a criminal record.
2.The defendant may lose rights and privileges as if the defendant were convicted after trial.
3.A no contest plea says "I don't choose to contest the charges".
4.A guilty plea serves as an admission of guilt.
5.A plea bargain may result in a lighter sentence and completes the matter quickly.

Trial
A jury trial is the fact finding phase of the case. It is the in-court examination and resolution of a criminal case. At the trial a decision will be reached as to the innocence or guilt of the defendant. Unlike a plea-bargained settlement which completes the case prior to trial, a trial introduces risk for both the prosecution and defense. Neither side knows which side will win. The trial begins with the prosecution's opening statement.
The defense attorney may also present an opening statement at this time. The prosecution presents his case to support the charges and then rests. The defense presents his case to refute the charges and then rests. Closing arguments by both the prosecution and defense conclude the presentation part of the trial. The jury then deliberates innocence and guilt.

If a guilty verdict is returned, the judge will hold a sentencing hearing
The judge determines the length and type of punishment at a sentencing hearing. Witnesses are generally allowed to speak, requesting either a lighter or stiffer sentence. The defendant may make a statement to the court.


Circumstances That Can Adversely Affect Sentencing:
1. Previous Criminal Record. A defendant's past record is a large consideration when determining an alternative or lesser sentence within the lower end of the sentencing guidelines. A previous record can also affect the level of security of the facility that the defendant will be sent to as a result of sentencing. Most correctional facilities use a point system unfavorable to repeat offenders costing them time deducted from their sentences. On the contrary, first time offenders are frequently sent to camps or community centers instead of penitentiaries.
2. Enhancements. Most states carry statutes which call for stiffer penalties if a defendant's crime involves the use of a dangerous or deadly weapon, serious or permanent bodily injury, or crimes against youth or the elderly. Enhancements generally increase the sentencing penalties. In some states, enhancements are not a separate charge and are considered part of the primary offense such as armed robbery.

Have you been charged with a crime in Los Angeles or Southern California?
If so, you should speak with a knowledgeable Los Angeles criminal defense attorney immediately. Your initial case evalutaion is free, and during your free case evaluation, we will inform you of your rights and advise you of your legal options. Diamond, Burt & Akhkashian can provide you will affordable, reliable legal counsel.