In all criminal cases, the defendant is presumed to be innocent. That means he or she may not be convicted unless proved guilty beyond a reasonable doubt.
A criminal case begins when a prosecutor files formal charges, a person is arrested, or a grand jury issues an indictment.
If a defendant, the person accused of a crime, is in custody, he or she has the right to an arraignment within 48 hours of being arrested. At this hearing the judge will officially tell defendants about their constitutional rights and explain the charges against them. Also, bail (property temporarily given to ensure that a person released from custody will return at an appointed time) may be raised or lowered. In order to be released without paying bail, defendants may request to be released on their promise to appear. This is called "on their own recognizance" or "OR".
At the arraignment defendants will be asked to plead to the charges against them: guilty, not guilty, or, in some cases, nolo contendere (the person does not contest the charges, which legally is the same as a guilty plea). Generally, nearly all criminal cases begin with an initial plea of not guilty. The initial plea of not guilty is essential to allow your attorney time to properly evaluate the case and to proceed in the appropriate manner. This initial plea of not guilty may be changed at a later date depending upon the appropriateness and progression of each individual case
There are two categories of criminal offenses in California which are made up of Misdemeanors and Felonies. Conviction of a misdemeanor offense exposes the criminal defendant to a maximum penalty of up to one year in county jail. A felony is a criminal offense punishable by imprisonment in a state prison or by death. Please use the above links to Misdemeanors and Felonies for more detailed information on how these particular types of cases proceed through the criminal justice system.
The Law Offices of Nicholson & Nicholson is experienced in handling a vast spectrum of criminal cases and offenses, including but not limited to the following:
Driving Under the Influence & DMV Proceedings Assault & Battery
Drug Offenses / Proposition 36 / Drug Diversion Theft / Fraud / Forgery
Resisting Arrest Possession of a Firearm by a Convicted Felon
Arson Kidnapping
Traffic Violations Illegal Search & Seizures
Assault & Battery
Theft / Fraud / Forgery
Juvenile Matters
Sex Offenses
Vehicular Manslaughter
Indecent Exposure
Hit & Run
Possession of a Firearm by a Convicted Felon
Kidnapping
Illegal Search & Seizures
The above list does not contain all of the offenses for which the Law Offices of Nicholson & Nicholson provides legal representation in criminal cases, but is meant as a guideline or example of the experience provided by the attorneys at Nicholson & Nicholson in criminal defense matters. If the offense that you were arrested for does not appear on the above list, please contact our offices for further consultation.
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