San Jose Criminal Lawyer Discusses What to Expect After Arrest
If you have been arrested for a crime in San Jose, you will be headed to court. Know what to expect before you show up for court, and make sure that you have qualified legal counsel who is a specialized criminal law lawyer before you go. Criminal charges carry potential incarceration; defend yourself with representation from a San Jose, CA law firm, such as Farling, Hecht & Davis, LLP.
Been arrested? Here’s what you can expect:
Attend your arraignment.
The first appearance you will make in court is for your arraignment; failure to appear for your arraignment may result in an order for your arrest and jail until your trial, depending on your charges. The arraignment is when you are formally advised of the charges against you and asked to enter a plea. This appearance will also determine if you are to be released pending trial or if you will be required to post bail.
If you are not represented by a San Jose criminal law attorney, the judge will encourage you to hire one at your arraignment.
Criminal charges carry incarceration.
Your criminal attorney will attest that criminal charges can carry incarceration unlike civil infractions. Some examples of criminal charges include:
- Manslaughter and homicide
- Theft and robbery
- Some narcotic offenses
- Assault
- Domestic violence
- Sex offenses
- White collar crime
Some other criminal cases may involve driving under the influence and probation or parole violations, depending on aggravating factors involved.
Pre-Trial Process.
After arraignment is the pre-trial process where the case is discussed among the prosecutor, the court, and defense counsel to perhaps reach a settled resolution of the charges or to resolve other issues.
Judge or jury.
After you have been arraigned and the pre-trial process has concluded, the prosecution and defense attorneys will be choosing the jury for your trial. Your lawyer will take part in this process, arguing for or against specific jurors for your case. In some instances, you have the option of waiving the jury trial and letting a judge decide your fate.
You may choose a plea bargain.
Your attorney will work with prosecutors to find an amenable resolution to the case to avoid a trial. This could mean that you are offered a plea bargain to plead guilty and skip the trial phase. Your criminal law attorney will advise and offer insight into whether or not taking the plea is in your best interest.
There are many phases to your trial.
Your trial is comprised of many different phases from witness testimony and cross-examination to the closing arguments and jury instruction. You and your attorney will decide if you will testify on your own behalf. After this, the judge or jury will take time to deliberate before announcing the verdict. If found guilty of charges levied against you, there will then be a sentencing phase.
Contact Our San Jose Attorneys for Help with Criminal Cases
If you are being charged with a crime, contact Farling, Hecht & Davis, LLP, in San Jose, CA. Each case is studied and prepared thoughtfully and carefully to pinpoint the best legal defense with the goal of preventing a conviction and jail time. Contact us online today to learn more about the charges against you and your legal rights.