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Petition For Factual Innocence

What is Factual Innocence?

Factual innocence is when no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made, the petitioner is in fact innocent.

What is a Petition for Factual Innocence?

It is a petition to seal a petitioner’s arrest record based on a finding of factual innocence.

How does Factual Innocence differ from Expungement?

A person petitioning for factual innocence has not been convicted of any crime and is requesting relief because he or she was wrongfully arrested. Whereas, a person applying for expungement was convicted of a crime and is requesting relief despite that conviction.

Who qualifies for relief under P.C. 851.8?

A person who was wrongfully arrested; a person who was arrested but no charges were ever formally filed; a person who was arrested and had charges filed but whose charges were dismissed. Also a person acquitted of the charges at trial, if it appears to the presiding judge that the defendant was factually innocent of the charge.

What is the difference between an acquittal of the charges based on P.C. 851.8 and an acquittal of the charges based on a jury’s finding of not guilty?

Under P.C. 851.8 a petitioner is acquitted based on a finding of the petitioner’s factual innocence whether before trial or after trial by the presiding judge. On the other hand, at the end of a jury trial, the defendant’s acquittal is based on the prosecution’s failure to meet their burden of proof and not necessarily because the defendant was found to be innocent.

Who bears the burden of proof?

The petitioner carries the burden of proof to establish that no reasonable cause exists to believe that the arrestee committed the offense. If the court finds that the petitioner has met this burden, then the burden of proof shifts to the respondent to show that reasonable cause exists to believe that the petitioner committed the offense for which the arrest was made.

How does relief under P.C. 851.8 work?

The court will schedule a hearing to determine the factual innocence of the petitioner. At the time of the hearing, defense attorney will argue petitioner’s innocence by providing the court with declarations, affidavits, police reports, or any other relevant evidence. Based on the evidence that the court hears, it will either decide to grant or deny the petition for factual innocence. If the court finds the petitioner to be factually innocent of the charges for which the arrest was made, then the court shall order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency which arrested the petitioner to seal their records of the arrest for three years from the date of the arrest and thereafter to destroy the records.

When should you file a Petition for Factual Innocence?

A petition for factual innocence can only be filed up to two years from the date of the arrest or filing of the accusatory pleading, whichever is later. However, it is important to note that if you have already missed this deadline and can show good cause as to why, the two year restriction may be waived in the absence of prejudice.

What are the benefits of a Factual Innocence finding?

It will be as if the arrest never occurred. This means that any prospective employers running a background check will not be able to see any record of arrest or prosecution.

Who should you contact?                                                                

If you are the victim of a wrongful arrest and have reason to believe that you were accused of a crime that you did not commit, we urge you to contact Monder Law Group immediately. Our knowledgeable and experienced attorneys are ready to examine the specifics of your case; we will find the proof of factual innocence that we need to submit a motion before the Court for a declaration of  your innocence. Here, at Monder Law Group we are zealously committed to finding justice for those wrongfully accused, you can rest assured that we will not stop until we obtain an order for the sealing and destruction of any arrest records in your case.

If you have any questions about filing a petition for factual innocence in San Diego, contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Defense Attorney

Monder Law Group - News

Governor Pardon

What is it?

It is a public record showing that the Governor of California has pardoned an applicant who has demonstrated exemplary behavior following their conviction. It restores to the applicant some of the rights of citizenship which were forfeited as a result of the conviction.

Who is eligible to apply?

A person convicted of a felony who has served a sentence in a California state penal institution, was discharged on completion of the sentence or released on parole, and has received a Certificate of Rehabilitation.

 What is the application process?

An applicant must first file for a Certificate of Rehabilitation, if the Superior Court issues this court order, then the certificate is forwarded to the Governor’s Office where it serves as both an automatic recommendation and an application to the Governor for a pardon. 

 How long must you wait before applying?

The required period of time an applicant must wait is ten years after being discharged from probation or parole, during these ten years the applicant must not have any criminal activity. 

What does it do?

It allows the applicant to serve on a jury trial, be considered for appointment as a county probation officer or state parole agent, and have the right to bear firearms restored, unless the applicant was convicted for a felony involving the use of a dangerous weapon.

 What does it not do?

It does not seal the applicant’s criminal record or expunge the record of conviction. It does not prevent the pardoned offense from being considered as a prior conviction, if the applicant is later convicted of a new offense. It also does not allow the applicant to answer “no record of conviction” in any employment applications. It is important to note that  Governor’s Pardon does not necessarily prevent deportation.

 Who reviews the application for the Governor’s Pardon?

The Governor’s Office receipt of a Certificate of Rehabilitation does not guarantee that a pardon will be granted. The Governor’s Office first must forward the application to the Board of Parole Hearings, who will then conduct an investigation and make a recommendation whether a pardon should be granted based on the findings of the investigation.

What does the investigation consist of?

It is a background investigation of the applicant, in which the Board of Parole Hearings may contact the District Attorney, the investigating law enforcement agency, and other people with relevant information on the applicant.

What happens after the Governor’s Pardon is granted?

The Governor’s Office will notify the California Department of Justice and the Federal Bureau of Investigations so that they may update their records on the applicant. The Governor’s Pardon will then be filed with the Secretary of State and reported to the Legislature as a public record.

If you have any questions about a governor pardon in California, contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense

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Certificate of Rehabilitation

What is it?

It is a court order declaring that the applicant who was convicted of a felony is now rehabilitated.

Who is eligible to apply?

A person convicted of a felony who has served a sentence in a California prison or other state penal institution or agency; was discharged on completion of the sentence or released on parole or probation, upon successful termination; and has not been incarcerated in a state penal institution since his or her release. 

 What are the requirements of demonstrated rehabilitation?

An applicant must be able to provide the court proof that he or she has lived an useful, productive, and law abiding life following the conviction. 

 What are the residential requirements?

An applicant who was placed on parole must reside in California for three years prior to filing for a Certificate of Rehabilitation.

An applicant  who completed the sentence must have resided in California for at least five years prior to filing for a Certificate of Rehabilitation.

 When does the rehabilitation period for an applicant begin?

An applicant’s rehabilitation period begins from the moment he or she is discharged from incarceration or upon release on probation or parole. 

 How long must you wait before applying?

The required period of rehabilitation before filing a Certificate of Rehabilitation is the five years required for residency in California, in addition to any years ordered by the court if the applicant served consecutive sentences.

What does it do?

It declares the applicant rehabilitated, thereby enhancing employment opportunities and the possibility of becoming licensed by state boards.

 What does it not do?

It does not erase the felony conviction or prevent it from being considered a prior in a future separate criminal matter. 

It also does not allow the applicant to answer “no record of conviction” in any employment applications.

 Where is a Certificate of Rehabilitation filed?

The application must be filed in the a Superior Court of the applicant’s current county of residence. It is important to note that the applicant must also notify the District Attorney of the county in which the applicant was convicted.

 Who reviews the Certificate of Rehabilitation?

The District Attorney’s Office in the county of the applicant’s residence is responsible for reviewing the application. The District Attorney’s office will provide the applicant with a questioner and verify the information provided by conducting a background investigation.

 How long does the background investigation take?

The investigation can take anywhere from three to four months and it begins after the questioner is received.

 What does the background investigation consist of?

The investigation looks into the applicant’s family, residence, education, employment history, financial status, criminal and civil actions filed against the applicant.

 Who grants a Certificate of Rehabilitation?

After the District Attorney’s office submits the report of their investigation to the judge, the judge makes the ultimate determination.

 How does the Certificate of Rehabilitation and the Governor’s Pardon work?

The Certificate of Rehabilitation and Governor’s Pardon is a two part clearing process, the Certificate of Rehabilitation serves as an automatic recommendation and application to the Governor for a pardon.

If you have any questions about a Certificate of Rehabilitation, feel free to contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense

Monder Law Group - News

Things To Know In Jail

Administrative Segregation—A status of confinement for non-disciplinary reasons that provides closer supervision, control and protection than is provided in general population.

Commissary—The jail store for inmates, which provides food and hygiene items, correspondence material, tennis shoes, reading glasses, phone cards and over-the-counter medication.

Contraband—Includes illegal items, explosives, deadly weapons, drugs, controlled substances, and any item that is controlled, limited or prohibited on the grounds or within the secure perimeter of a correctional facility.

Custody level—An assigned category achieved by objective scoring that identifies an inmate’s required housing and supervision needs, and which determines to a large extent where and how the inmate is housed.

Detainer—A warrant placed against an inmate for pending charges from another jurisdiction.

Disciplinary Lockdown—A restrictive status of confinement to which an inmate receiving major discipline can be committed.  Inmates in this status are restricted to their living area and lose all revocable privileges, retaining the rights to professional visits, showers, and legal phone calls.  Inmates shall be placed in disciplinary custody status for no longer than 72 hours per hearing.

Disciplinary Isolation—A restrictive status of confinement to which an inmate receiving major discipline can be committed.  Inmates in this status are housed separately and are denied the use all personal items except bedding, clothing, legal papers, personal correspondence, hygiene items, and religious reading material.  Inmates shall be placed in disciplinary custody status for no longer than ten days per hearing.

DNA Detection of Sexual Violent Offenders Act—A state law that requires a blood sample be taken from inmates who have been convicted of certain sexual and violent offenses.

Facility Commander—The highest ranking sworn supervisor assigned to a facility.  The Facility Commander, who is responsible for the overall operation of the facility, is a Captain at the larger facilities and a Lieutenant at the smaller facilities.

Grievance—A formal written complaint that is submitted by inmates to address a perceived problem in their housing, care, or treatment by staff.

Disciplinary Hearing Officer—The person who is responsible for conducting misconduct hearings and decides if discipline is deserved.

Indigent Inmate—Inmates shall be deemed indigent if their account balance is $2.00 or less.

Security Lockdown—Securing a correctional facility or unit by restricting prisoner movement to their housing area.

Disciplinary hearing—A hearing held in the jail to determine if a Rule Violation Report is substantiated and, if so, what discipline the inmate will receive.

Non-Contact Visit—A visit in which the inmate and the visitor are not permitted to be in physical contact and are generally separated by a physical barrier.

Psychiatric Security Unit—A housing area or group of cells designated for inmates confined in a facility-based mental health unit licensed by the California Department of Mental Health.

Reclassification—The reassessment of an inmate’s custody level following the addition or removal of charges, sentencing, or jail incidents.

Revocation—Refers to an administrative decision ending a parole because the offender violated the conditions of parole. An offender is entitled to a hearing before the Board of Probation and Parole before a decision to revoke the supervision period is made.

Rule Violation Report—A written report completed in response to a violation of a formal rule or regulation by an inmate in the custody of the Department.

Special Visit—A visit granted when there is a special need which cannot be satisfied through normal procedures.

Zero Drug Tolerance Policy—A policy that states that NO drug possession or use will be tolerated in Sheriff’s facilities.

If you have any questions about things to know in jail, please contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Attorney

Monder Law Group - News

DUI San Diego

Most misdemeanor D.U.I. cases can take from 2 to 4 months to complete.   Initially, we enter a plea of not guilty on your behalf with the court at the Arraignment.  We then obtain information about the case from several sources for our representation of your case.  For example, in-office meetings, client information forms, witness interviews and police reports are all used in our investigation and your defense.

Your appearance is not necessary on the Arraignment date. The court will set the matter for a pretrial conference.  You do not have to attend the pretrial conference.  Please call to set an appointment to speak with Attorney Vik Monder before the pretrial conference.

Cases are often set for pretrial conferences several times prior to trial, and sometimes trial dates are continued.  You will usually not be required to appear in person in court, while there are times you may be required to do so.  Thus, it is extremely important that you contact our office by phone 2-3 days prior to your court date to check the status. 

There may be several options available to resolve your case, depending on the facts of your case.  You have a right to a jury trial and we will plan and aggressively prepare for that, unless you instruct us otherwise.  The state may offer a plea bargain.  It is solely the Prosecutors decision whether to offer a plea or what the plea will be.  If you are interested in a plea, we can ask the prosecutor to make an offer.  It is entirely your decision on whether or not to accept the plea.  We will aggressively prepare your case and explain your options so that you can make good a decision.

Our office can and will answer your questions regarding this matter and its effect on your driver’s license and/or auto insurance or other questions you may have.  Please feel free to call Attorney Vik Monder at any time with your questions.  Several attorneys generally provide their input on each case, and are prepared to assist as needed.

If you feel the need to set up an appointment to speak with me sometime soon, please do so. You may, however, elect to wait until we receive police reports and other documents in a few weeks. 

At this time, we have opened your file, and will be requesting discovery, i.e., police reports and records on your case.

If you have any questions about the DUI San Diego process, please contact San Diego DUI Defense Attorney Vik Monder at 619.405.0063 or visit DUI San Diego Attorney

Monder Law Group - News

Dismiss Criminal Case

Who qualifies for dismissal under P.C. 1203.4?

A defendant who was convicted of an infraction, misdemeanor, or felony that was not sentenced to state prison and has completed all the terms of his or her sentence, including the payment of fines and both formal and informal probation can petition for a dismissal.

Who does not qualify for dismissal under P.C. 1203.4?

A defendant who is presently charged, serving a sentence, or on probation for a separate offense does not qualify for dismissal on a prior conviction.

How does a dismissal under P.C. 1203.4 work?

A defendant who qualifies for dismissal needs to wait a year after his or her conviction before submitting a Petition for Relief form to the Superior Court where the conviction took place. That Superior Court, then has ten weeks to review the petition and make a decision on the dismissal of the case. If the court decides to reopen the case and dismiss the defendant’s criminal conviction, then the defendant’s record will be changed to show the conviction and reflect the dismissal.

What are the limitations of a dismissal?

A dismissal under P.C. 1203.4 will not remove the conviction from the defendant’s rap sheet and will be considered a strike if the defendant has a subsequent conviction. The conviction will also still be allowed to be used for impeachment purposes if the defendant is being tried on a subsequent offense and for immigration removal purposes.

 What are the benefits of a dismissal?

A dismissal  under P.C. 1203.4 will permit the defendant to fill out job applications, except for government employment, without having to inform potential employers of the conviction dismissed.

Who should you contact?

You made a mistake and were arrested, charged, tried, convicted, and sentenced for it. Now you have successfully completed the sentence imposed on you and learned from your mistake. You want nothing more than to use your newfound liberty to take your life back. What do you do next? You will want to secure employment, find a place to live, build your credit and do everything you can to provide for your loved ones. However, turning your life around will prove to be a difficult task to complete with a conviction on your record. It does not have to be difficult, contact Monder Law Group if you want to know more about P.C. 1203.4 and how it applies to your specific circumstances. Allow our experienced attorneys to assist you in obtaining a dismissal of your conviction. We understand that mistakes happen but one mistake does not define a person and does not have to follow them the rest of their lives. 

If you are looking to dismiss a criminal case contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Defense 

Monder Law Group - News

District Attorney San Diego

What does NOLT stand for?

No Opposition to Local Time.

 What does “No Opposition to Local Time” mean?

It means that the prosecution will allow the defense to offer sentencing alternatives to incarceration without any opposition.

What is a NOLT offer?

It is a type of plea deal offered by the prosecution to the defense, for the defendant to enter a plea in exchange for the prosecution’s recommendation of the defense’s choice of sentencing alternative to incarceration.

What must a defendant plead in order to obtain a NOLT offer?

The defendant must either plead guilty or no contest to the charges against him or her. 

What is the difference between a guilty plea and a no contest plea?

A guilty plea is an admission of guilt by the defendant to the charges against him or her. Whereas a no contest plea only means that the defendant gives up the right to contest the charges against him or her.

What are the specifics of a NOLT offer?

In a NOLT offer, the prosecution will not oppose the defense sentencing alternatives for a defendant to be placed on probation for up to five years and/or be ordered to pay fines and restitution instead of serving time in jail.

Who ultimately approves the NOLT offer? 

The sentencing judge is responsible for making the final determinations on a NOLT offer. 

What types of crimes are not eligible for a NOLT offer?

Serious felony offenses, felony offenses involving deadly weapons, and violent sex crimes.

What must be known before a defendant agrees to accept a NOLT offer? 

A NOLT offer will not prevent a conviction; either a guilty plea or a no contest plea will result as a conviction on the defendant’s record. What a NOLT offer can do is reduce the charges against the defendant to a less serious offense, recommend to the  judge the alternative sentence provided by the defense, and/or drop one or more of the charges against the defendant.

Who should you contact?

You should contact a criminal defense attorney that has experience with NOLT offers and can look at the specifics of YOUR case and make a STRATEGICAL decision on whether to go to trial or to negotiate a NOLT offer with the prosecution. At Monder Law Group, our attorneys have no reservations about going to trial if it is in our client’s BEST interest. Notwithstanding, we are also aware of the benefits that can come from a successful negotiation with the prosecution. Your defense will consist of our attorneys balancing the risks of proceeding thru with trial and the incentives of a NOLT offer. We will communicate with you at every step of the decision making process, advising you of what the alternatives are but ultimately respecting the route that you choose for your defense to take. At Monder Law Group we will fight zealously on your behalf, whether it is to obtain the best terms for your NOLT offer or to defend you at trial.

If you have any questions about the criminal offers given by the district attorney San Diego, please contact San Diego Criminal Attorney Vik Monder at 619.405.0063 or visit San Diego Defense 

Monder Law Group - News

Alternative to Jail for DUI

What it is?

It is a secure continuous remote alcohol monitoring device that provides an alternative to sentencing for DUI offenders on probation.

 Who qualifies for the SCRAM program?

Repeat DUI offenders or defendants with severe alcohol abuse problems who are on probation.

 How does the SCRAM program work?

When a defendant is convicted for driving under the influence, the defendant is then placed on probation and prohibited from consuming alcohol as a condition of his or her probation. The court will then order the defendant to wear a fixed SCRAM device on his or her ankle in compliance with the defendant’s probation conditions in order to monitor the offender’s alcohol usage during the period of probation. The SCRAM device contains a sensory mechanism that detects and measures alcohol present in the defendant’s sweat at least once per hour every day. The SCRAM device periodically sends reports about the defendant’s alcohol intake through a modem installed in the defendant’s residence to a web application where it can be reviewed online by the regional monitoring center. If the SCRAM device detects any presence of alcohol or is tampered with, the SCRAM device will wirelessly transmit an alert and the regional monitoring center will  immediately contact the defendant’s probation officer.

 How long is a defendant required to wear the device?

A defendant must wear the SCRAM device on his or her ankle 24 hours a day for a minimum of 30 days and up to as long as the court orders.

 What is the purpose behind SCRAM?

Scram is an alternative sentencing option that is intended to rehabilitate the offender through constant monitoring of their alcohol abstinence.

 Who monitors the defendant’s SCRAM device? 

The regional monitoring center receives the data transmitted from the SCRAM device and monitors the defendant’s reports. If the SCRAM device detects any presence of alcohol or is tampered with,  the regional monitoring center will  immediately contact the defendant’s probation officer.

What are the benefits of using SCRAM?

The SCRAM device is effective because it provides the probation officer with time-stamped, date-stamped, recorded data stored in a memory chip within the SCRAM device reporting the defendant’s alcohol intake.

The Scram device is beneficial for the defendant because it saves the defendant the burden of having to frequently check- in in person to test for alcohol use as part of his or her probation.

If you have any questions about an alternative to jail for DUI cases in San Diego, contact San Diego Criminal & DUI Defense Attorney Vik Monder at 619-405-0063 or visit San Diego Top DUI Attorney 

Monder Law Group - News

Criminal Bail

You or someone you know was just detained, they are now in custody and are waiting to hear the charges being filed against them. Here is what you need to know, the court does not have the obligation to post bail. However, if the court does choose to post bail, a defendant has a right for the bail to not be excessive but reasonable with regards to the charges and the facts of the case.

The Eighth Amendment to the Constitution of the United States declares that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Hence, criminal defendants are constitutionally protected from excessive bail being set by the court during pre-trial detention.

The following are common inquiries defendants and their loved ones make regarding bail. If you have any other questions or would like to discuss the specific facts of your case, please contact Criminal Defense Attorney Vik Monder at 619-405-0063. At Monder Law Group we understand how precious your liberty is and we will work with you and your loved ones every step of the way to ensure that bail is posted and you are released.

What is bail?

Bail is the required amount of money ordered by either a Judge or a Magistrate in the accusatory pleading to discharge a defendant from being detained in custody before his or her trial on a criminal charge.

What is preventative detention?

Preventative detention is the court’s denial of bail for a defendant because of the high probability that the defendant poses a danger to the public if allowed to post bail.

What factors are considered in determining bail?

First and foremost the court considers the protection of the alleged victim and/or the safety of the public. The court then takes into account the seriousness of the offense charged, by considering the alleged use of a firearm or deadly weapon in the commission of the crime and/or the alleged threat or injury to the victim. The court will also review the information in the defendant’s prior criminal record and the alleged use or possession of controlled substances by the defendant if any. Lastly, the court will consider the probability of the defendant becoming a flight risk and missing the required court appearances.

What is considered excessive bail?

Bail is considered excessive if the amount set by the court is higher than the amount reasonably required, to ensure the asserted governmental interest. The defendant can challenge bail as excessive by filing a motion for a reduction of bail.

When is a defendant’s bail set?

If the court decides to set bail, bail will be set at the time of a defendant’s bail hearing while he is detained in custody on a criminal charge. A defendant has a right to have an automatic review of the court’s original order setting bail, within 5 days from the defendant’s bail hearing.

What ways can a defendant post bail?

A defendant can post bail with cash, by obtaining a bail bond, or by obtaining a property bond.It is important to note that a defendant’s bail will be released once the case against the defendant is resolved.

What is O.R. release?

O.R. release is an alternative to posting bail, where the court releases the defendant on the defendant’s own recognizance and entrusts the defendant to make his or her court appearances.

What is FTA?

FTA is a defendant’s failure to appear in court, which results in the court holding the defendant in contempt of court, forfeiting the defendant’s bail and issuing a bench warrant for his or her arrest.

Does the defendant have to present to recall a bench warrant?

This depends on whether the warrant was issued for failure to appear for a misdemeanor or felony case. If the defendant failed to appear before the court for a misdemeanor charge against him or her, then the defendant’s presence is not required and the defense attorney can quash the bench warrant. However, if the defendant failed to appear before the court for a felony charge against him or her, then the defendant’s presence is mandatory to quash the bench warrant.

If you have any questions about criminal bail hearings, please contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense

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Criminal Justice System

ARRAIGNMENT

This is a defendant’s first appearance before the court.

During arraignment the court will read the defendant’s rights, inform the defendant of the charges and the potential penalties that the defendant may be facing.

The court will want to know at this time if the defendant will be represented by counsel. If the defendant cannot afford to hire a private attorney, the defendant will be given a form to fill out, asking questions about the defendant’s financial status. If the court determines based on this form that the defendant qualifies for a court appointed attorney, a public defender will be appointed to represent the defendant.

The court will next ask the defendant to enter a plea of either guilty or not guilty. If the defendant pleads guilty then the court will take this as an admission to the charges and may either proceed to sentencing the defendant or schedule a sentencing hearing.  If the defendant pleads not guilty then the court will give the defendant the option between a bench trial and a trial by jury and schedule a pretrial conference.

PRETRIAL CONFERENCE

This is a defendant’s second appearance before the court.

The pretrial conference will consist of the prosecution and the defense presenting the court with the information of the potential witnesses they will be introducing and the exhibits that they will be offering at trial. At this time the prosecution and defense will also discuss the possibility of a plea bargain. If a plea bargain is agreed to, then the defendant will have to fill out a change of plea form and proceed forth with sentencing. If there is no plea bargain, then the court will proceed to ask the prosecution and the defense if there are any pretrial issues that need to be addressed and will set the deadlines for the any pretrial motions that will be filed with the court.

TRIAL

This is a defendant’s third appearance before the court.

If the defendant elected for a bench trial at arraignment, then the trial may follow immediately after the pretrial conference on the same day. The prosecution will put on its case in chief, after which the defense may choose whether or not to present evidence. At the end a verdict will be reached by the judge. If the judge convicts the defendant then the judge will proceed to sentence the defendant.

If the defendant elected for a trial by jury, then the trial will take place a on a different day from the pretrial conference. On the first day of the trial, the prosecution and the defense will have jury selection. The jury pool will consist of anywhere between 24-30 potential jurors. The judge will begin asking the jurors questions, then the prosecution will follow, and lastly the defense. Throughout jury selection, both the prosecution and the defense can challenge a potential juror until the jury is reached. The prosecution will put on its case in chief, after which the defense may choose whether or not to present evidence. At the end, the judge will read the jury instructions  and allow the jury members to deliberate. A verdict will be reached by the members of the jury and the judge will sentence the defendant. Depending on how long the members of the jury take to deliberate, the judge may have to schedule a sentencing hearing.

SENTENCING HEARING

This is a defendant’s fourth and last appearance before the court.

During the sentencing hearing, both the prosecutor and the defense attorney will be given an opportunity make recommendations about the defendant’s sentence. At this time the defendant may also elect to make a statement on his or her own behalf.  At the end of the hearing, the sentencing judge will make a judgment and the defendant will be imposed a sentence.

If you have any questions about the criminal justice system in San Diego contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense