CRIMINAL AND DUI DEFENSE THROUGHOUT SOUTHERN CALIFORNIA

The Arraignment Process is the First Hearing

If the district attorney decides to formally file criminal charges, the person charged the in the Complaint then becomes the defendant in the case. An arraignment is the first formal hearing. Criminal charges filed against the person are read aloud. Bail is set. The defendant has the opportunity to plead either “not guilty” or “guilty.”

The prosecutor and defense attorney don’t argue the case during an arraignment hearing. However, having a defense attorney is invaluable during an arraignment hearing because that’s where a defense attorney begins to fight for their client’s Constitutional rights. For instance, the defense lawyer can fight for a bail reduction or an “OR” release. At the Law Offices of Jonathan Franklin, we’re focus on getting our clients the best possible outcome. This means getting the client out of jail and working together towards successful resolution.

The Preliminary Hearing is the Opportunity to Fight the Charges

No one wants their case to progress to the preliminary stage. However, it’s important to understand that it’s not a conviction but another stage in the process. A preliminary hearing, or probable cause hearing, is presided over by a magistrate in a felony case. During the hearing, the district attorney presents their evidence against the defendant. The district attorney’s goal is to convince the magistrate a crime was committed and the defendant was the person who committed the crime. For example, the district attorney presents witnesses who claim to have proof the defendant committed the crime.

During the preliminary hearing a defense lawyer fights to exclude improper evidence and challenge witnesses who may not be telling the truth. For instance, if witnesses are challenged during the preliminary hearing, they can’t change their mind during trial. If they do, this discrepancy can be pointed out to the judge or jury.

Jonathan fights during the preliminary hearing to discredit or challenge witnesses. Witness testimony can mean the difference between a guilty and not guilty verdict. It can also mean a dismissal of criminal charges. Discrediting witnesses’ testimony, fighting to get evidence thrown out and bolstering the strongest evidence in your favor is the best approach to take during a preliminary hearing. 

If the magistrate agrees with the district attorney, the defendant is “held to answer.” Being held to answer means the case continues. If the magistrate doesn’t agree there was a crime committed or the defendant committed a crime, the case ends. 

More often than not, a defendant is held to answer for the crime they’re alleged to have committed. That means the case will proceed to the next stage. Discovery motions are filed to ensure that the evidence that the district attorney has against the defendant is provided, as required by law, to defendant’s attorney.

From the End of the Preliminary Hearing to the Beginning of Trial

The right defense attorney takes advantage of the time between the preliminary hearing and beginning of trial by using this time to build their case. A smart and comprehensive defense strategy will increase the odds of swaying a jury in the defendant’s favor. Expert witnesses can be hired and prosecution witness testimony can be investigated.

During this time, the Law Offices of Jonathan Franklin work hard to get you the best outcome. Jonathan starts working on building a strong defense as soon as he meets with you. He understands you want to resolve your criminal case a quickly as possible. That is why he constantly negotiates with prosecutors during each step of the criminal justice process. Jonathan uses the time between the preliminary hearing and trial effectively. A case can be resolved prior to trial in many ways such as:

• Dropped charges: This means Jonathan persuaded the district attorney that they have no case or they will lose at trial. The formal charges are eliminated and there is not trial.
• Reduced charges: If possible, and that is what a client wants, Jonathan can negotiate a reduction of charges and in an effort to get them a lesser punishment and avoid trial.
• Plea Deal: A plea deal is negotiated between the district attorney and defense lawyer. The defendant agrees to plead guilty to the crime, but receives a lighter sentence. For instance, the defendant may receive probation or mandatory treatment instead of a prison or jail sentence. If his client wants a plea deal, Jonathan will fight for a fair deal to help his client avoid trial.

The Trial is Where a Defendant Faces the Defendant’s Accusers

Prior to trial, both the prosecutor and defense attorney choose the jury. If the defendant opts for a bench trial, no jury is selected. Choosing the jury is called “voir dire.” Both sides get to ask potential jurors questions and select the jurors based upon the answers to the questions.

After the juror are chosen, the trial begins. Both sides present opening statements. Then, the prosecution presents witnesses and the defense attorney cross-examines them. The defense then presents its case and the prosecution gets to cross-examine defense witnesses. Closing arguments happen at the end of the trial. At that point, the case is in the hands of the judge or jury, the following outcomes may happen:

• Not guilty verdict.
• Guilty verdict.
• Hung jury.