California Criminal Defense Attorneys
DUI • Assault • Sex Crimes • Juvenile Law • Federal Cases
INSERT GRAPHIC OF MISDEMEANOR PROCESS--CLIENT SUPPLIED?
Misdemeanor Process
1. Arrest or citation (for many misdemeanor cases)
2. Arraignment (first appearance in court): We can appear for you at arraignment, plead “not guilty” and set the case for pretrial conferences. Our misdemeanor clients rarely go to court.
3. Pretrial conferences are conferences with the prosecutor and the judge over a period of one to six months in our attempt to reduce or dismiss charges without a trial.
4. If your case cannot be settled according to your wishes, we will set the case for a court or jury trial. The burden of proof is on the prosecutor to prove guilt “beyond a reasonable doubt.”
All of our cases are handled on a single fee for pretrial services and a daily fee for trial.
Felony Process
Lower Court
- Arrest or warrant: Contact Hinkle, Jachimowicz, Pointer & Emanuel immediately to discuss bail alternatives or the fastest and least expensive way to get out of custody.
- Arraignment: You must appear at arraignment, though we may be able to avoid your attendance at court.
- Plea: A not guilty plea is entered in nearly every case.
- Preliminary settings: This is an opportunity to gather evidence and discuss your case with the prosecutor.
- FAR (felony advanced resolution): This is an opportunity to meet with the judge, the prosecution and probation officer to discuss possible settlement.
- Preliminary hearing: The prosecution will present evidence. This is our opportunity to cross-examine witnesses and settle many cases.
Higher Court
Arraignment at the higher court: Not guilty plea is entered.
Motions and settlement conferences: Opportunity to file motions for:
- Dismissal
- Miranda violations by the police
- Suppress illegally obtained evidence
Trial by a judge or jury: The client makes the final decision to go to trial. There is almost always a chance to negotiate even on trial day.
Sentencing (if not dismissed before trial, settled by an admission or a verdict): All sentencing options are explored and even in felony cases, actual jail can often be avoided.
Contact a San Jose Criminal Defense Attorney to Discuss Your Case
If you have been or are about to be charged with a misdemeanor or felony crime, contact a Santa Clara County trial attorney right away. We can help you stay out of jail and get your life back on track through litigation or other defense strategies.
There is never a charge for your initial in-office conference with us. At that conference, the facts and defense of your case are discussed as well as the fee we will charge. In most cases, payment plans can be arranged.
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