Monder Law Group - News
Criminal Defense Crash Course Guide
Everyday, people in San Diego are charged with a misdemeanor or felony and are uneducated about the process they are about to undergo. Am I facing any jail time? What’s the difference between a misdemeanor and a felony? Can I get the charges reduced or dismissed? How many times do I need to appear in court? What happens at all of the court dates? These are just a few of the questions we hear at Monder Law all the time. If people knew the answers to those questions in advance, they will be much better off understanding their case and choosing the right attorney for them.
The court process for criminals can be quite complicated if this is your first time experiencing the justice system. The first court appearance is called an arraignment where the foundation for the case begins. Then a preliminary hearing is held for the prosecutor to show the courts that the case should move forward. A second arraignment can occur with the superior court as well. Next, the pretrial hearing takes place. This is where any motions and plea bargains can happen. If nothing is resolved, the case moves to trial. This is where you will ultimately be found innocent, not guilty, or guilty. Throughout this entire process, plea deals, motions, discoveries, sentencing, and probation can all take place.
There are different elements involved with a case outside of a trial. Bail might be an option for you, in which case you can post bail independently, through a bail bondsman, or through a property. A bail bondsman charges a non-refundable flat fee of 10% of your bail. Enrolling in rehab, anger management, and volunteer service can aid in showing remorse for you actions (if found guilty). A plea deal can also adjust itself as the case moves forward and different evidence is presented. This can work both ways: either evidence is presented in your favor or against you. An experienced attorney can determine the probability of which way the deal may go.
The sentencing judge may be a different judge from the judge in trial. The job of the sentencing judge is to craft the appropriate sentence based on the severity of the crime, any priors, and what the courts deem as the best sentencing to prevent this criminal for committing a crime again. The sentencing judge will look at the criminal history, the nature of the crime, personal circumstances, economic circumstances, social circumstances, and any genuine remorse shown by the convicted involved. Therefore, at this point, it is extremely important to show ultimate remorse. The methods best for your case can be determined by the experienced attorney you hired.
We understand that all of this is complicated and needs more detail. Monder Law Group has provided a custom Criminal Crash Course Guide to bring transparency to a criminal case. Here, you will find information on the kinds of penalties involved in your specific case, how to handle an arrest, and how to get the best possible results for your situation.
