WINNING DUI
7007 Washington Avenue
Suite 211
Whittier, California 90602
Telephone: 562-698-7075
Facsimile: 562-698-3133
Email
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DUI Lawyer in Los Angeles
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About the Court Process
What Happens in a Misdemeanor Case
Misdemeanors are primarily offenses with a maximum punishment of a $1000 fine and a county jail term of 1 year or less. However, there are some offenses which exceed this criteria; for example, spousal abuse can carry up to a $6000 fine. Examples of a misdemeanor violation are: shoplifting (depending upon the value of merchandise), prostitution, vandalism, and drunk driving.
Generally what happens in a misdemeanor case is:
An arrest is made - police take defendant to jail. Three things can happen:
- The defendant is released - no charges are filed
- The defendant bails out or is released on his own recognizance ("OR") and is scheduled for arraignment
- The defendant remains in jail and is brought to Court for arraignment
Arraignment & Plea - defendant is brought to court
- In court, the Defendant informed of charges
- Defendant is informed of his/her constitutional rights
- Defendant enters a plea - guilty, not guilty, no contest
- Not Guilty - the defendant does not admit to committing the crime charged.
- Guilty - the defendant admits that he did commit the crime
- No Contest- the defendant will not contest the charge. It has the same effect as a guilty plea except that the conviction cannot be used against the defendant in a civil suit.
- The defendant remains on bail or "own recognizance", or defendant remains in custody.
Pre-Trial Proceedings
- Discovery Exchange
- Motions are filed and heard. These motions are made to set aside the complaint, to dismiss the case, or to suppress evidence, etc.
- Defendant may change his plea to guilty or no-contest
Jury Trial
- Jury is selected
- Witnesses testify
- Jury decides if the defendant is guilty or not guilty
- If not guilty, the defendant is released if in custody and cannot be tried again for the same crime.
- If guilty:
- Sentencing is Made - Jail/Probation/other conditions
Appeal - The defendant can appeal to the Appellate Department of the Superior Court
Court Trial
Witnesses testify
Judge decides whether the defendant is guilty or not guilty
What Happens in a Felony case
Felonies are crimes which can result in a State Prison sentence. For example, murder, narcotics sales, rape, etc.
The Court hears felony preliminary trials to determine if the accused should be "held over" for trial. This means that the judicial officer believes that there is sufficient evidence for the accused to stand trial. An information is filed and the defendant is then arraigned on the information in Superior Court, with a subsequent trial.
Generally what happens in a felony case is as follows:
An arrest is made and police take defendant to jail.
- Defendant remains in custody. The defendant is taken to Court by Sheriffs for arraignment
- If no charges are filed, the defendant is released
- If the defendant bails out or is released on his/her "own recognizance, O.R.", which means the defendant is not considered a flight risk and is bound by a promise to appear, and an arraignment is scheduled
An Arraignment Is Scheduled
- Defendant is brought to court
- Defendant is informed of the charges against him
- Defendant is advised of his rights
- Defendant enters a plea of Guilty, not guilty, or no contest
- Not Guilty means that the defendant does not admit to committing the crime charged.
- Guilty means the defendant admits to committing the crime.
- No Contest means that the defendant will not contest the charge. It has the same effect as a guilty plea, except that the conviction cannot be used against the defendant in a civil suit.
- Bail is set or,
- Defendant is released on his/her "own recognizance, O.R.", which means the defendant is not considered a flight risk and is bound by a promise to appear
Preliminary Hearing Scheduled
- Witnesses Testify
- Issue: Is there "strong" suspicion to believe that the defendant is guilty?
- If the judicial officer finds insufficient evidence, the defendant is released
- If the judicial officer finds sufficient evidence, the defendant is held to answer to the Superior Court
Arraignment
- The District Attorney files an Information
- The Defendant is arraigned on the information.
- The defendant again enters a plea.
Pre-Trial Proceedings
Pre-trial motions are filed for example to suppress evidence
Jury Trial
A jury is selected
Witnesses testify
Evidence is presented
The judge instructs the jury on the law
The jury decides the guilt or innocence.
Sentencing
The defendant may be sentenced immediately, or the judge may postpone sentencing to allow the defense to prepare a sentencing memorandum.
Appeal
If the defendant loses the trial, he may appeal to the Appellate Department of the Superior Court.
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California DWI Attorney Disclaimer:
The DUI defense DMV, crimes, drunk-driving, driving under the influence in California, white-collar offenses, federal crime, executive crime, executive offenders, or other legal defense information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. We encourage you to seek independent counsel for legal advice regarding your individual criminal defense felony or misdemeanor legal issues including DUI and DMV Crimes, DUI, Drug Offenses, Drug Possession and Crimes committed in California. Please contact a California DUI Lawyer, Criminal Defense Attorney & DUI Court Attorney. This web site is not intended to solicit clients for matters outside of the state of California.
©2010 The Law Offices of Gregory Charles Hill. California Criminal Defense Lawyers, California White Collar Crimes Lawyers, California Drunk Driving Attorneys, California DUI Defense Lawyers, California Federal Criminal Defense Attorneys, California Drug Charge Lawyers, California Sex Crime Attorneys, DMV and Drivers License Suspension Attorneys serving the communities of: Los Angeles, Los Angeles County and Whittier, California.
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