Legal Information
Court Procedure What Happens in Court? Bail Bond Information How do I stay out of Jail? Sentencing What happens if I am Convicted?
COURT PROCEDURE Procedures differ depending on whether you have been charged with a felony or misdemeanor, in state, federal or juvenile court. Court Hearings In a felony case (any crime where punishment could involve over a year in prison), one would have basically the following court appearances: 1) Initial Arraignment (plea of "not guilty") / Bail Review 2) Plea Bargaining ; Superior Court Review (SCR)    At this hearing, your attorney, the district attorney and the judge try to work out a favorable disposition. If an agreement is reached, a plea of guilty is entered and the case is continued for sentencing. 3) Preliminary examination    Here the District Attorney puts on a mini version of his case against you. You will also have the opportunity to cross examine any of the witnesses against you, and testify if, helpful    A judge does not determine guilt or innocence beyond a reason of a doubt, like at trial. At this hearing, the judge simply decides if there is a "strong suspicion" that a crime was committed and that you committed it. If that burden is met, you are "bound-over" for trial. 4) Arraignment    Like the initial court appearance, you enter a "not guilty" plea and future court dates are assigned. 5) Motions    Depending on the facts of the case, certain motions may be filed, such as a motion to suppress an illegal search and seizure, a motion to quash a search warrant, a motion for discovery or motions to set aside the earlier judge's bound-over ruling. If any of these motions are successful, it may substantially lessen the charges or even dismiss the case. 6) &nbp; Plea bargaining ; Pre-Trial Conference    Again, your attorney reviews the case with the District Attorney and Judge. The offer may be better or worse than at the earlier plea bargaining session. Again, if the offer is accepted, a guilty plea is entered and the case is set for sentencing. If the parties are unable to resolve the matter, it is set for trial. 7) Trial    A jury of twelve people is selected to hear the evidence in the case. They must unanimously agree beyond a reasonable doubt that you are guilty in order to convict you.
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Bail Bond Information When an individual is arrested, the person is typically taken to a local detention facility for booking prior to incarceration in a lock-up station or county jail. Once arrested and booked, the defendant has several options for release pending the conclusion of his or her case. The Bail system is designed to guarantee the timely appearance of a defendant in court. Bail also acts as an insurance policy for the state that the defendant will appear to face the charges against him or her. Bail Release Options There are five basic release options: Surety Bond (Most Common Bail Bond) The Surety Bond contract with the Bail Bond Agent which guarantee the defendant's appearance in court. The Bail Bond Agent is fully liable if the defendant does not appear in court. Cash Bond A Cash Bond is the same as a Surety Bond except the individual is required to post the total amount of the Bail (not just 10 percent) in cash. The court holds this money until the case is concluded. If the defendant does not appear as instructed, the cash bond is forfeited and a bench warrant is issued for the defendant. Property Bond In rare cases, an individual may obtain release from custody by means of posting a Property Bond with the court. The court records a lien (or right) on the property to secure the bail amount. If the defendant fails to appear, the court may institute foreclosure proceedings against the property. The equity of the property must be twice the amount of the bail set. Own Recognizance (OR) - "Get Out Of Jail Free" / Citation Release OR constitutes an administrative pre-trial release without any financial security to insure the defendants appearance. When is Bail determined? Bail is usually determined by the judge at a defendant’s arraignment, first court appearance. Bail is Normally Granted When: A person is arrested for a bailable offense, and is not a danger to the public; and A person has close ties to the community and is not a flight risk Call us NOW... So we can direct you to a Bail Bondsman to get you Out of Jail.
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SENTENCING What Happens if I am found or I plead Guilty? If one pleads guilty or is found guilty after trial, the case is set for sentencing. Often, creative Sentencing options are available for different individuals. In every case, a person is referred to the probation office where a probation officer interviews you and makes a recommendation to the judge as to an appropriate sentence. Since, the probation officer?;s report largely influences the sentence the Judge imposes, it is helpful to consult your attorney about how to discuss the case with the probation officer. What Happens AFTER CONVICTION? In most cases, after either a plea of guilty or a finding of guilt after trial, the following options may be available: 1) Motion for new trial OR Motion to withdraw guilty plea 2) Appeal 3) Modification of sentence    It is possible to come back before the sentencing judge and ask for modifications on some of the terms and conditions of probation. 4) Expungement    In some cases, after a person has successfully completed the term of probation, it may be possible to appear before the court and reverse their criminal conviction. An expungement is to a conviction like an annulment is to a marriage: it means that it never happened. Thus you can honestly represent to (private) entities that you have never been convicted of a crime.
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