Beverly Hills Criminal Defense Attorney
The Criminal Process
The criminal process can be complex and frustrating for people who are charged with crimes, especially for first time offenders who are unaware of what it entails. Between the deadlines, the legal jargon, and the overall pressure & unfamiliarity of the situation, the criminal process can quickly get to a person, making them feel depressed and discouraged. If you have been charged with a criminal offense, such as DUI, drug possession, assault, kidnapping, or any other type if crime in Beverly Hills, you should look to an attorney to provide you with legal guidance and peace of mind during the criminal process. At the Law Offices of Robert M. Bernstein, we help guide clients just like you through the entire criminal process, providing them with much needed legal advice and expertise every step of the way.
Below we have included a general outline of the how the criminal process typically proceeds:
Arrest
After the police have probable cause to do so, they will place a person under arrest and take them into custody. After being arrested, you should always exercise your right to remain silent, and not answer any questions until you have spoken with your Beverly Hills criminal defense lawyer.
Filing the Complaint
Prosecuting lawyers will file the appropriate documents with the Court, making allegations of the charges against you.
Arraignment/First Appearance
During the arraignment, you will be advised of your rights as well as the charges against you. Bail will typically be set during this time as well.
Preliminary Hearing
In cases of felony offenses, preliminary hearings will always be held to examine probable cause in order for the judge to determine whether or not there is enough evidence to support the charges against you. If the judge determines that there is probable cause, the case will be sent to the Superior Court for trial.
Arraignment in the Superior Court
Once the judge determines that there is probable cause to support the charges, the prosecution will file a charging document called "Information' with the Superior Court which will summarize the alleged charges you are facing. At this point a plea of guilty or not-guilty will be entered by your lawyer.
Pre-trial Conference
During this time, your attorney will speak with the prosecution and/or judge to get you the best possible plea-bargain. Your lawyer can also provide information to help prove your innocence.
Trial
At the trial, your lawyer will speak on your behalf in front of a judge and/or jury and will present the case in a way that will try to prove your innocence. During the trial, opening statements will be made, witnesses will give testimony, and witnesses will be cross-examined after. After the closing arguments are made, the jury will deliberate to find you guilty or not guilty.
Sentencing
During the sentencing, the judge will determine and impose the punishment they think appropriate.
Appeals
If you are found guilty, your Beverly Hills criminal defense attorney may file an appeal to have the verdict reversed. Appeals can only be filed in certain situations, so you will need to speak with your lawyer to determine whether or not you are eligible.
Parole
Those who are given parole are permitted to serve the remaining portion of their terms outside of prison. There are many restrictions and conditions placed upon parole and you will be supervised by a parole officer for the duration of the term.
Expungement
Expungement is the legal process which removes criminal charges & convictions from a person's record. Not everyone is eligible for expungement and you will need to speak with a Beverly Hills criminal defense lawyer to find out if you can have your record expunged.
To learn more about the criminal process and how it affects you, contact Beverly Hills Criminal Defense Attorney Robert M. Bernstein today!