The Court Process

Hinkle, Jachimowicz, Pointer & Emanuel

California Criminal Defense Attorneys

DUI • Assault • Sex Crimes • Juvenile Law • Federal Cases

Our Lawyers Have Over 100 Years of Combined Experience in the Bay Area

At the California defense Hinkle, Jachimowicz, Pointer & Emanuel, located in San Jose, California, our goal is vigorously to defend Californians who have been charged or accused of criminal offenses. Our trial lawyers have 100 years of combined experience capably assisting Californians in the following practice areas:

• DUI / DWI / drunk driving
• Serious Traffic Offenses (reckless driving, exhibition of speed, Hit & Run driving, evading)
• DMV Cases
  
  
• Spousal Abuse
• Child Abuse
• Assault and Battery
  
  
• Sex Crimes / Child Sexual Abuse
• Child Pornography
• Prostitution
  
  
• Internet Crimes
• Theft and Embezzlement (petty & grand theft)
• Robbery
• Burglary
  
  
• Drug-Related Offenses
  • under the influence
  • possession
  • possession for sale
  • transportation
    
    
• Tax Fraud
• Federal Cases - sex, interstate crimes
  
  
• Homicide / Murder / Manslaughter
  
  
• Juvenile Law
• Juvenile DUI / Underage Drinking
  
  
• Reduction of Felonies to Misdemeanors
• Expungement / Dismissal of Criminal Records

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.

Misdemeanor Cases

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 pre-trial conferences. Our misdemeanor clients rarely go to court.
3. Pre-trial 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 can and will set the cause for a court or jury trial. The burden of proof in on the prosecutor to prove guilt “beyond a reasonable doubt.”

All of our cases are handled on a single fee for pre-trial services and a daily fee for trial.

Lower Court

1. Arrest or warrant
2. Contact us immediately to discuss bail alternatives or the fastest and least expensive way to get in and out of custody
3. Arraignment – Client must appear at arraignment. We may be able to avoid your attendance at court.
4. Plea: A not guilty plea is entered in nearly every case.
5. Preliminary settings – an opportunity to gather evidence and discuss your case with the Prosecutor.
6. FAR – an opportunity to meet with the judge, the prosecution, and probation officer to discuss possible settlement.
7. Preliminary hearing – Evidence presented by the prosecution. Our opportunity to cross-examine witnesses and settle many cases.

Higher Court

1. Arraignment at the higher court. Not Guilty plea is entered
2. Motions and settlement conferences. Opportunity to file motions such as:
   1. Motions to dismiss
   2. MIRANDA violations by the police
   3. Suppress illegally obtained evidence
3. Trial by court or Jury. The final decision to go to trial is made by the client. There is almost always a chance to negotiate even on trial day.
4. Sentencing if not dismissed before trial or if settled by admission to any crime whether infraction, misdemeanor, or felony. All sentencing options are explored and even in felony cases actual jail can often be avoided.

If you have been or are about to be charged or are about to be charged with a misdemeanor or felony, contact Hinkle, Jachimowicz, Pointer & Emanuel immediately. We can help you stay out of jail and get your life back on track.

Contact our California criminal defense attorneys to schedule a consultation.