Los Angeles, California

Criminal Law Attorneys in Los Angeles

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What Does Criminal Defense Mean?

If you or someone close to you is being investigated or charged with a crime, it is essential to have an experienced criminal defense attorney in Los Angeles to protect your future. Understanding and being well-informed about Criminal Law is vital, especially if you are not a U.S. resident or citizen. In California, the City or State Prosecutor can charge you, depending on the severity and location of the crime. The government, often referred to as “the state,” is the one that brings the accusation, and a prosecutor will try to prove your guilt. It is crucial to have a specialized criminal defense attorney to safeguard your rights. The judge and prosecutor’s decisions depend on the evidence presented and the specific circumstances of each case. The government has extensive resources to carry out its prosecution, so having an experienced attorney in this field is essential to face the process.

In this article, we will explain in simple terms some concepts related to criminal proceedings, whether serious or less serious.

Breakdown of the Criminal Process

A criminal case begins when someone commits a crime and reports it to the police department. The police investigate the incident, what happened, and obtain statements. This process may include speaking with victims, witnesses, and suspects; collecting as much evidence as possible; looking at and taking photos or video of the crime scene; and identifying suspects.

If the police witness a crime or believe someone committed or did something wrong, they can arrest without a warrant signed by a judge. However, sometimes a court order is needed to arrest someone. Then, they ask the prosecutor to formally charge the suspect in court. Most cases follow the same process, but in this case, we are referring to the city and county of Los Angeles, California.

The prosecutor reviews the case and decides, depending on the evidence presented, whether to formally charge someone. If they believe there is enough evidence, they authorize the charges.
Whether the suspect is in custody or not, they may be arrested afterward.
The first time the defendant goes to court is called an “arraignment,” and it is the hearing where the charges are formally read to the defendant. In this hearing, the defendant is informed of the accusations and their constitutional rights.
In this first hearing, bail is decided so the defendant may be released until the trial.
If the crime is a misdemeanor, the defendant decides whether to plead guilty or not. There may be a pre-trial hearing to resolve the case.
If the crime is a felony, the defendant also decides how to plead. Before the trial, there may be hearings about evidence or rights to see if the case can be resolved.
If there is enough evidence, the case goes to trial.
In the trial, the prosecutor must prove the defendant is guilty. The defendant can defend themselves. A judge or jury decides whether they are guilty.
If found guilty, a date is set to determine the sentence. The judge decides the sentence, which may vary depending on the crime.

This Process Can Be Quite Complicated, but We Have Tried to Explain It in a Simple Way

Arrest by a Police Officer and Request a Warrant:
If a police officer is notified of a crime, they can determine to arrest the suspected individual at the scene of the alleged crime without needing to obtain an arrest warrant. They can also arrest without a warrant if they believe a misdemeanor or felony was committed, regardless of whether they saw the crime or not. In other cases, a court order signed by a judge is required for arrest. Sometimes, even though the police can arrest without a warrant, they prefer to wait and request one. Then, the officer will ask the prosecutor’s office to file a formal complaint and request an arrest warrant, suggesting possible charges.

Warrant/Charging Request Reviewed by Prosecutor, District or City Attorney:

Most cases begin with an arrest and a request for the case to be formally evaluated. This is usually the first time a city or state prosecutor becomes involved. At this stage, the prosecutor decides whether someone should be formally charged and, if so, what charges will be filed. In this initial process, it is important to have the help and representation of a criminal defense attorney to work on your behalf and begin discussions with the prosecutor reviewing your case, all reports, and records of the criminal case, including witness statements. They also check whether the suspect has prior criminal or traffic records. Sometimes, the prosecutor may return the case to the police for further investigation and also has the discretion to dismiss the criminal charge.

Misdemeanor vs. Felony Criminal Charges in California

In California, crimes are classified into two types: misdemeanors and felonies, as we explain below. Felonies are not only more serious but also carry stronger consequences and punishments, such as high fines and long prison sentences. Misdemeanors are less serious but still carry consequences and lighter punishments, which, depending on the crime, may include jail time and immigration consequences.

Some crimes can be classified as either misdemeanors or felonies, depending on the severity and multiple factors. These types of crimes are called “wobblers” in English. In these cases, criminal defense attorneys try to have the charge considered a misdemeanor so that the punishment is not as severe. Of course, the best outcome is always to have the case dismissed entirely.

Examples of felonies include murder, rape, domestic violence, arson, robbery, and the sale of controlled substances, child sexual abuse, etc. Examples of “wobblers” include criminal threats, forgery of certain documents, probation violations, assault with a deadly weapon, brandishing a weapon, and elder abuse. Examples of misdemeanors include petty theft from stores or individuals, disorderly conduct in public, probation violations, driving under the influence of alcohol or drugs, public intoxication, and prostitution.

If you are facing misdemeanor or felony charges in Los Angeles, CA, Progresso Legal Group is ready to help you. We have served families one at a time for over 25 years. We can offer strong and effective representation, as you deserve. It is important that your side of the story is heard in the criminal process. Let our legal team in Los Angeles be your voice.

Miranda Rights and the Fifth Amendment

In 1966, the U.S. Supreme Court made a very important decision in the case of Miranda vs. Arizona, establishing that if the police detain anyone, before asking any questions they must inform them of their constitutional rights under the Fifth Amendment of the U.S. Constitution. These rights are called “Miranda Rights.”

What are Miranda Rights? Under the federal Miranda case won in the U.S. Supreme Court, there are four things the police must say to someone detained before questioning them:

This is known as the “Miranda Warning.” It must be given every time someone is detained by the police and is going to be interrogated, regardless of the crime or immigration status.

If the police do not inform the person of these rights, anything the detainee says cannot be used against them at trial. Additionally, any evidence found because of what was said may also be dismissed.

Your Attorney in This Phase of the Criminal Process

An attorney can begin working on your specific case and may persuade the prosecutor not to charge you or to consider lesser charges. They can present your version of events before the police send the case to the prosecutor’s office. It is crucial that your attorney protects you during any type of interrogation and informs you of your constitutional rights.

The Arrest

If they decide to proceed with the charge and the criminal process, they may issue an arrest warrant. The police must reasonably believe you committed a crime to arrest you. If you are arrested, your attorney may request a reduction of bail or your release while the process continues, promising that you will appear in court and complete the criminal process.

Arraignment and Bail

You appear at an initial hearing where the charges against you and your constitutional rights are read and explained. No evidence is presented. Future dates for criminal proceedings are set.

At the bail hearing, your attorney may request a reduction of bail so you can continue working and performing your daily duties outside of jail. You have the right to reasonable bail.

If you believe you are being investigated by the police or another authority for any crime, hiring an attorney could help you avoid being arrested or criminally charged. At Progresso Legal Group, our attorneys are ready and have years of experience to help you in this situation. We may help you avoid the problems of being in jail and spending a lot of money on bail to be released. Call us at (800) 651-1227 to see how we can help you. We have served families throughout Southern California for more than 25 years, one family at a time.

WE HAVE BEEN SERVING HISPANIC FAMILIES WITH THEIR LEGAL PROCESSES FOR MORE THAN 25 YEARS

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