Los Angeles Criminal Lawyers Blog

Many of our clients wonder if they can handle a criminal case on their own, or if an attorney is absolutely necessary. An attorney is a trained professional, and has many years of experience. They handle cases similar to your every day and are familiar with the courtrooms, Judges, Prosecutor's and most importantly, the law.

When a person has been arrested, the charge is filed with the police station. The officers review the charge and arrest and make the determination of whether it should be sent to the Prosecutors or not. Once it has reached the prosecutor's office, the prosecution makes the determination of whether the charges will be filed with the Court and the person will be summoned before the Judge.

Before going into Court for an Arraignment before the Judge, it is beneficial to have spoken to the Prosecutor and obtained all documents that would help in preparing a defense on your behalf. Generally, prosecutors do not return phone calls left by those being charged. They deal with hundreds of cases, and they do not have the time to review a file and return calls to those that are requesting police reports and other documents of evidence.

In contrast, when an attorney calls a prosecutor, they are more likely willing to cooperate with the attorney in providing them with the information that they need. Furthermore, if the attorney is an experienced Los Angeles Criminal Defense attorney that has been practicing for over 30 years, they are very familiar with all of the different prosecutors and Judges. Knowing the prosecutor allows the criminal defense attorney to quickly get a hold of the necessary person to negotiate offers and request discovery. Discovery includes the arrest report, the police report and surveillance tape if applicable. It is important to obtain the proper evidence before the arraignment date so that the attorney has a strong sense of the facts of the case, and has a good idea of all possible defenses and weaknesses in the prosecutor's case.

If you do not have an attorney representing you, it will be difficult to get a hold of the Prosecutor prior to the arraignment, and much more difficult to obtain an arrest report. Attorney's know the proper procedure to efficiently and quickly obtain all documents. The professional will also have a good idea of what the possible offer may be, and can get a hold of the Prosecutor right away if it is necessary.

A criminal charge is a serious blemish on a person's criminal record. It could affect your job and school applications, as well as many other financial opportunities. Hiring an attorney will not only help ensure that your case sees the best possible results, it will expedite the process of speaking to Prosecutors and getting the necessary documents.

When a person has been arrested for a violation of the California Penal or Vehicle Code, they will be asked to appear before the Judge on set date. That date is the date of their arraignment. The arraignment is when a person enters a plea with the Judge. They may plea guilty, not guilty, or no contest.

At the arraignment the Prosecutor will also give you an offer. The offer is a plea bargain that will give you the potential sentence they can offer you, if you agree to plead guilty and not try the case. It is important to note that it is your constitutional right to have a trial, where the evidence may be presented and the ultimate verdict determined by a jury of your peers.

If you choose to take the offer given by the Prosecutor and plead guilty, you are waiving your right to a trial and to be heard. This is a very important decision and must be understood completely before any kind of offer is accepted.

There are many things to consider; what are the chances of winning at trial? Is it in my best interest to enter a plea? Will I get a better offer if I set it for Trial? Will I get jail time if I don't plead guilty? What is a good offer?

Many people feel overwhelmed by all the things to consider, and coupled with the stress of appearing before the Judge and asked to make a decision, they feel extremely confused. Fortunately, you can have an experienced Criminal Defense lawyer appear on your behalf at your arraignment so that you do not have to take the day off work, and appear in Court.

Having an attorney appear on your behalf causes some people anxiety as well. They are worried about what will happen in Court and what plea the attorney will take on their behalf. It is important to note that a criminal defense attorney is experienced and handles cases like yours every day. The Judge will know the attorney and the attorney will be very familiar with courtroom procedure. Additionally, the attorney will never accept a plea on your behalf without having discussed it with you first.

In most cases the attorney will make an appearance on your behalf and ask the Prosecutor what the offer is on the table. They will then ask the Judge for a 30 day continuance so that they can discuss in depth with you your options and whether the offer itself is a good one to accept. You will get 30 days to think about the offer, and weigh out the different options you have discussed with your Criminal Defense attorney and inform him or her of your final decision. After having confirmed that you would like to accept the plea, or set the case for trial, the attorney will appear on your behalf a second time and enter a plea.

It is overwhelming to appear in the Court the first time and even more stressful to quickly consider all options given to you and make a decision. Consult an expert in the field and give yourself time to think about the options. Once you enter a plea, you are waiving several constitutional rights, so make sure your decision is the right one.

When you have been arrested for a criminal charge, your case will go through several stages. First is when you get arrested. At that point, you have not been found guilty of a crime. At that point you have only allegedly committed a crime, and a court of law must find you guilty beyond a reasonable doubt.

The first Court appearance you make is called the arraignment. At the arraignment, you will be asked to enter a plea and will be presented with a plea bargain by the Prosecutor. You can accept the plea and plead guilty right away, or you can choose to decline the plea and plead not guilty or no contest.

If you plead not guilty, you will be given a date for Pre-Trial. At the Pre-Trial hearing you still have the opportunity to accept a settlement offer from the Prosecutor. However, you must be able to determine whether an offer is a good one, or whether you should continue on to trial. If you do not have any legal experience or have not dealt with criminal cases before, it is difficult to determine.

This is why people will often accept the first offer at Arraignment and will not consult with an experienced San Diego Criminal Defense Lawyer. However, if they plead not guilty and continue onto trial, they may still consult an attorney. It is best, in any case, to speak to an attorney before entering a plea or appearing on your own.

If you hire an attorney right after you get arrested, you do not have to deal with the hassle of taking off work and appearing in Court. Furthermore, it is a stressful time to deal with your options when you have not dealt with it before. An attorney takes care of everything for you, so you can focus on other things in your life.

When you have an attorney representing you, at any stage of the case, you get the benefit of a knowledgeable specialist that is helping set up and negotiate a good offer to help settle your case. Attorneys will gather the right evidence, study surveillance tapes and speak to available witnesses. They will prepare the strengths of your case and continue to negotiate with Prosecutors so that they have already set the stage for a good offer the very first time they appear in Court.

A Criminal Defense lawyer is available to help you at any stage of criminal proceedings. However, it is advisable to seek help prior to appearing in Court for your arraignment. It not only helps the attorney have an adequate amount of time to prepare for a good offer, it also gives you the peace of mind you need. In the very least, it is a good idea to speak to an attorney after your arrest. Consultations are free and within a few minutes you will feel confident in your decision to hire an expert.

When you are arrested you will be given a piece of paper that will indicate the charge you are being brought under and the date and time you should appear in Court.
When you appear in Court on that date, it is called the Arraignment. This first court appearance is when the Judge explains your rights and asks you to enter a plea. If you would like a continuance to hire an attorney, you will be able to ask the Judge and they will grant you an extension so that you can hire a San Diego Criminal Defense attorney.

At the arraignment, you will also have the chance to speak to a Prosecutor. The Prosecutor will give you an offer, known as the plea bargain. Because Courts are backed up, the goal of the criminal courtroom is to have cases quickly closed. They want people to plead quickly so that they can be sentenced and the case is taken off calendar. Accordingly, the plea bargain is an offer that will ask you to plead to a lesser charge or reduced sentence in exchange that you plead guilty and not contest the charge.

Everyone is given an offer, but not everyone knows whether they should accept the offer and plead guilty, whether they should plead not guilty and ask for trial, or just continue the case.

Since the prosecutor's goal is to get the case closed and off the Court calendar as soon as possible, they do not necessarily have your best interests in mind. They will give you the offer and explain to you that it is best if you take it, but that is not always the case. Determining whether an offer is a good one, takes expertise and knowledge. Many Criminal attorneys who have been practicing for over 30 years can tell you right away if the plea bargain being offered is a good one or whether it is worth pleading not guilty.

Accepting a plea bargain is a big deal. You are giving up your rights to contest the charge and are accepting a misdemeanor or felony to be on your record. Oftentimes people plead guilty to get the issue over with, but the criminal record will remain and continue to be problematic when it comes to applying for jobs and graduate schools. Therefore, pleading guilty is not always the best option ,especially when not accepting the plea bargain can often lead to a dismissal.

Before you give up your rights to a trial and accept a plea bargain, it is best to consult an experienced Southern California criminal defense lawyer. They will be able to discuss your case with you, assess the facts and determine whether the prosecutor has a strong case. If there is a strong case, and your facts are weak, the attorney may direct you to accept a plea bargain, determining that it is a good offer. However, in most cases the plea bargain is not a good offer, and a better result may be obtained by choosing to fight for your rights.

This week Lindsay Lohan pleaded no contest to her Theft Case pending before the Criminal Judge in Los Angeles. The judge has already sentenced Lohan to 120 days in jail regarding her probation violation. She will likely serve about two weeks for the petty theft charge and probation officials may allow her to serve the time at home wearing an electronic surveillance bracelet.

A no contest plea, Nolo Contendere in Latin, essentially means "I do not wish to contend" the charges. It states that the defendant does not plead guilty to the charge, but doesn't wish to dispute it either. It carries with it the same consequences as a guilty plea, but the charge may not later be used against the defendant in any civil proceedings. With a no contest plea, the person charged is subject to any and all penalties that may come with a guilty plea, including fines, jail time, and probation.

The option of pleading No Contest is available to all defendants. Many times it comes as part of a plea bargain. An experienced Los Angeles Criminal Defense attorney can discuss the facts of your case and your concerns to help determine whether no contest is a plea you should consider.

Additionally, Lohan was not required to appear in court, her attorney was able to come to court and make the plea on her behalf. A Criminal Defense attorney can do the same for their clients, whether you are a celebrity or not. This relieves the pressure for many clients and allows them to be where they need to be, without the stress of court.

Many of our clients ask us if it is important that they have an attorney for their first appearance in court when they have been charged with a Criminal offense. The first appearance, referred to as an arraignment, determines the outcome and process of your criminal case.

During the arraignment you are asked to make a plea of guilty, not guilty or no contest. You are asked to make this plea without all the facts. You are handed your arrest report minutes before you appear before the Judge to make a plea and have several minutes to talk to the Prosecutor regarding a plea bargain. The Prosecutor is the one you discuss your case with and the one who presents you with the possible sentence if you choose to plead guilty. What most people don't understand is that the Prosecutor is working to prosecute you for the case. Their best interest is to get the case settled, it is not to get you the best possible sentence or to get your case dismissed.

Additionally, you do not know the full background of your case and the possible defenses that may be available to you. At Hoffman and Associates we review the facts of the case and in many cases get a continuance so that we can make a thorough evaluation of the circumstances surrounding the case and the defenses so that we can provide the most powerful argument on behalf of our client.

Don't go into court without having all the facts and a prepared defense. An experienced Los Angeles Criminal Defense attorney can contact the prosecution so that you have the arrest report and facts beforehand. They can provide you with an honest assessment of your case, as well as defenses and potential consequences so that you are fully equipped with the knowledge you need to make informed decisions. Don't go in blindly, have a knowledgeable attorney be your guide!