Fullerton Criminal defense Lawyer

For anyone facing criminal charges in California, the legal process can feel like a daunting and confusing maze. From initial arrest to a potential trial, a complex series of stages and legal terms can overwhelm even the most informed individual. Understanding the basics of the California criminal justice system is crucial for protecting your rights and making informed decisions.

Poseidon Defense APC believes in empowering our clients with knowledge. We demystify the legal journey, providing clear explanations and dedicated defense at every stage.

The journey through the criminal justice system typically begins with an arrest, whether based on probable cause (a reasonable belief that a crime has been committed) or a warrant.

• Arrest: If law enforcement has probable cause to believe you've committed a crime, they can arrest you. They may also detain you based on reasonable suspicion, which is a lower standard than probable cause, allowing for a temporary stop to investigate.
• Booking: After an arrest, you'll be taken to a police station or county jail for booking. This involves collecting personal information, fingerprints, and photographs.
• Bail or Release: After booking, you may be released on your own recognizance (OR), be required to post bail, or remain in custody until your arraignment.
• Arraignment: This is your first court appearance. What is arraignment? It's where you are formally informed of the charges against you, advised of your rights, and asked to enter a plea (guilty, not guilty, or no contest). Your attorney can also argue for a lower bail amount or release on OR.

During the arraignment phase, or even later, a crucial California legal term you might hear is "wobbler."

• What is a wobbler in California? A "wobbler" is an offense that can be charged as either a felony or a misdemeanor. This designation is typically at the discretion of the prosecutor, who considers factors like the severity of the crime, the defendant's criminal history, and the specific circumstances of the case.
• Penal Code 17 PC: The legal basis for wobblers is Penal Code 17 PC, which defines a felony as a crime punishable by death or by imprisonment in state prison, and a misdemeanor as any other crime. It also specifies how certain offenses can be treated as either.
• What are wobblers? Common examples include grand theft (Penal Code 487 PC), assault with a deadly weapon (Penal Code 245(a)(1) PC), and certain drug possession charges. The ability to charge a crime as a wobbler provides flexibility to prosecutors but also creates opportunities for defense attorneys to argue for the lesser misdemeanor charge.

After arraignment, your case will proceed through several stages designed to gather evidence, challenge charges, and potentially reach a resolution before a full trial.

• Discovery: This is the process where both the prosecution and defense exchange information and evidence relevant to the case.
• Motions: Your attorney may file various legal motions. For example, a motion to suppress (also known as a motion to suppress evidence) asks the court to exclude certain evidence that was allegedly obtained unlawfully (e.g., through an illegal search or seizure, or after a Miranda violation). What is a motion to suppress? It's a critical tool used to challenge the prosecution's case.
• Preliminary Hearing: For felony cases, a preliminary hearing is often held. What is a preliminary hearing in California? It's a court proceeding where a judge determines if there is enough probable cause to believe a crime was committed and that you committed it. If the judge finds sufficient evidence, the case is "held to answer," and formal charges (an "information") are filed in superior court. This is distinct from a grand jury, which is another way formal charges can be brought, where a group of citizens determines if there is enough evidence for an indictment.
• Plea Bargain: Many cases are resolved through a plea bargain. What is a plea bargain? It's an agreement between the prosecutor and the defense attorney where the defendant agrees to plead guilty or no contest to a lesser charge or to fewer charges, in exchange for a specific sentence or a dismissal of other charges. What does a plea bargain mean? It means both sides avoid the uncertainty and expense of a full trial.

If no plea agreement is reached, the case proceeds to a criminal trial. What is a trial? It's a formal legal proceeding where a judge or jury hears evidence and arguments to determine the defendant's guilt or innocence.

• Jury Selection (Voir Dire): Before the trial begins, a jury must be selected. Voir dire is the process where prospective jurors are questioned by attorneys to determine their suitability and impartiality.
• Opening Statements: Both the prosecution and defense present their opening statement, outlining the evidence they intend to present and what they expect the evidence to show.
• Presentation of Evidence: This is where witnesses testify and physical evidence is introduced. 
  • Different types of evidence: Evidence can include direct evidence (e.g., eyewitness testimony, surveillance video directly showing the crime) and circumstantial evidence (e.g., fingerprints at a crime scene, which indirectly suggest involvement). Understanding what are the different types of evidence in court is key to building a strong case.
  • Witness Testimony: Witnesses may be cross-examined by the opposing attorney. What is cross-examination? It's the questioning of a witness by the party opposing the one who called the witness, often to challenge their credibility or reveal inconsistencies.
  • Expert Witness: Sometimes, an expert witness is called to provide specialized knowledge (e.g., forensic experts, medical professionals).
• Closing Arguments: After all evidence is presented, both sides deliver their closing argument, summarizing the evidence and urging the jury to find in their favor.
• Jury Deliberation and Verdict: The jury retires to deliberate and reach a verdict.
• Burden of Proof: In a criminal case, the burden of proof rests solely with the prosecution, who must prove the defendant's guilt.
• Beyond a Reasonable Doubt: The standard of proof in criminal trials is "beyond a reasonable doubt."

Navigating the California criminal justice system requires an experienced and dedicated criminal defense attorney. From challenging probable cause at the outset to skillfully managing jury selection and presenting compelling closing arguments, your attorney's expertise is paramount.

If you or a loved one is facing criminal charges, do not hesitate to seek legal guidance. Contact Poseidon Defense APC today for a confidential consultation. We are here to help you understand the process and build a strong defense.