South Bay criminal defense attorney

Felonies

Because of the harsh sentences, being accused of a felony can have devastating and permanent consequences. However, many people that are arrested on felony charges can avoid state prison and in some cases, avoid jail-time altogether depending on how strong the evidence is, what is being charged, and the effectiveness of the defense attorney. It is vitally important for you to consult an experienced criminal attorney immediately after being accused of a felony. Do not grant an interview with police until you have talked to a criminal law attorney.

While misdemeanors only carry a maximum sentence of one-year in prison, if you are convicted of a felony, you are facing a punishment greater than one year in state prison. Felonies such as the receipt of stolen property, simple possession of drugs, or grand theft have maximum sentences of three years in prison. A variety of other felonies can have longer maximum sentences. For example, unarmed robbery has a maximum sentence of five years while simple kidnapping has an eight year maximum sentence. The punishment faced for certain types of murder can be the death penalty.

When you are arrested for a felony, you can expect charges to be filed against you. After your arrest, charges must be filed within 48 hours and you have to be brought to court and told what the charges against you are.

If you are arrested, your first court appearance after your arrest is what is known as an arraignment. You will be notified of the charges against you, advised of your rights, and given the actual police reports from the time of your arrest at the arraignment. You will enter a plea of "not guilty". Moreover, if you have not yet bailed out, the judge will either set an amount for bail or issue a release without bail called an O.R. release. It is very important for you to hire an experienced criminal attorney at this critical stage. Experienced criminal attorneys know what arguments to make in seeking out a low amount of bail or an O.R. release. Other judges will respect the arraignment judge’s bail ruling, so the prosecutors will often seek ways to raise bail at the arraignment. An experienced criminal defense attorney will be ready to counter the prosecution’s arguments.

wiDates for a pre-preliminary conference date and a preliminary hearing are also determined at the arraignment. If you are charged with a felony, it is your right to have your preliminary hearing within ten court days of the arraignment. At the preliminary hearing, a prosecutor presents witnesses and preliminary evidence to a judge. The only object of the prosecutor at the hearing is to convince the judge that there is enough evidence of probable cause for the case to go to trial. A good lawyer can do a great deal of damage to the prosecution at the preliminary hearing.

Experienced criminal defense counsel will use the preliminary hearing to find deficiencies in the prosecutor's case. The lawyer will cross-examine adverse witnesses, call supportive witnesses, and present evidence to dispute the charges. In the appropriate circumstances, a defense lawyer might move to suppress illegally obtained evidence at the preliminary hearing and win an outright dismissal of the case. If a trial is ordered in your case, a second preliminary hearing will be held within about two weeks of the first hearing. You will again be advised of the charges against you and pre-trial and trial dates are set.  You are entitled to a trial by jury within 60 days of the second arraignment. At the pre-trial hearings, motions are made, discovery issues are taken care of, and plea negotiations ensue. If no agreement on a plea bargain can be reached between the prosecution and defense, your case will go to trial.

A defendant must be present and has the right to be represented by a lawyer and all stages of a felony proceeding. At trial, a defense lawyer will help to select a jury, make an opening statement, cross-examine the prosecution’s witnesses, call his own witnesses if necessary, and end with a closing argument. An experienced attorney will be aggressive and object to any improper evidence or behavior displayed by the prosecution.

For you to be convicted, a 12 person jury must be unanimously convinced beyond a reasonable doubt that you are guilty. The judge will give these instructions at the conclusion of the trial and prior to the jury deliberation.

Call us today at 310.316.6622 and talk with an experienced Redondo Beach Felony Defense lawyer that will fight for you!

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Felony Defense

Experienced criminal defense attorney in Redondo Beach
Call Mr. Newman directly at (310) 316-6622