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Fax: 909-635-2016
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Rancho Cucamonga, California 91730

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FELONIES AND MISDEMEANORS

JUVENILE LAW

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Criminal Felonies

I have represented hundreds of clients in just about every major criminal accusation to include methamphetamine labs, murder, rape, home invasions, robberies and attempted murder. Each case takes a particular level of skill and experience. Knowing the law is only the beginning. Being able to work well with those you are familiar with such as Judges, District Attorneys, Probation and ancillary social programs allow clients to receive the best service because their attorney can present all the options and discuss your case with those involved to your advantage.

Those who face felony charges are arraigned and asked to plead guilty or not guilty. Typically a bail amount is set and the defendant can either post a bail, be released on his or her own recognizance or will be incarcerated pending the next hearing. At any time bail can be argued as long as the District attorney receives the proper notice. After being arraigned, the defendant has a right to have a preliminary hearing within 10 court days. Defendants can always waive or give up this right and have the date for the preliminary hearing postponed; however, it may not be in a defendant’s best interest if he or she is incarcerated and must now wait longer to have their day in court. At the preliminary hearing the District Attorney brings forth civilian and/or police witnesses to testify to show the court that there is probable cause to hold the defendant to answer for the crimes alleged. If the Judge believes that this minimum threshold has been met, the defendant is then sent to a Superior Court. In Superior Court, the defendant has the right to have a trial begin within 60 days.

If a person is charged with felony and found guilty, then they can go to state prison. Although one may receive an alternative sentence or possibly probation, the presumption is state prison. If a violent or serious felony charge (strike) is alleged and proven, then the defendant may be locked up much longer.

Criminal Misdemeanors

Although a person who commits a misdemeanor cannot be sent to state prison, they face anywhere from zero days to one year in county jail. Misdemeanor crimes consist of smaller type offense such as driving on a suspended license, driving under the influence and drug possession. The District Attorney’s Office fights just as hard on these cases as they do felonies. As a result, many people end up going to jail believing they could handle their “minor” case without hiring a lawyer.

Those who face misdemeanor charges are usually arrested and then released. They are asked to sign citations and noticed to appear in court at a later date anywhere from a month to three months later. At arraignment, one is asked to plead guilty or not guilty. A bail amount can be set if the misdemeanor is a “wobbler” charge. A wobbler is a crime that can be charged as either a felony or a misdemeanor based on the severity of the case. If bail is set, it is usually around $10,000, but may be higher. Again, the defendant can either post a bail, be released on his or her own recognizance or will be incarcerated pending the next hearing. At any time bail can be argued as long as the District Attorney receives the proper notice. After being arraigned, the defendant has a right to have a trial within 30 court days if he or she is incarcerated or else 45 days if out of custody. Defendants can always waive or give up this right to have a speedy trial date. Often times this is done so that the Attorney can plea bargain or reach a settlement to dismiss the case, agree to a reduced charge, if warranted, or else plea to the charge with agreed upon terms. Each case is different and can only be assessed on the facts of each case, the availability of the witnesses and the attorney’s strategy.

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