RESOURCES | HOW DOES THE CRIMINAL PROCESS WORK? Pg. 2


Motions: After the pretrial hearing and/or preliminary hearing you can file any motions (requests) to fight for your rights. This may include motions to suppress evidence, your statements in violation of Miranda, speedy trial motions, motion to reveal any confidential informants, sanctions for destruction of evidence, to compel disclosure of evidence, to view evidence or to test evidence in the possession of the police.

Trial: If you don’t come to an agreement regarding your case, or if you feel that you were wrongfully prosecuted, then you go to trial. For a misdemeanor case, expect your case to take anywhere from 3-6 days to complete. If it is a felony case, which are generally bigger, more complex, with more witnesses and more evidence, expect your case to run anywhere from 5 days to a few weeks.

Sentencing: If you decide to plead guilty or are found guilty after jury trial then both the DA and our firm will offer input to the judge about what the appropriate sentence should be based on the facts of your case.
Appeal: There are times when the DA or the trial court did things that were not in your favor. An attorney can review your case to determine if your case is reviewable and reversible on appeal. If your case is overturned, then you start at the arraignment stage again if the DA chooses to file charges again.

 

 

 

 

 

   
 
 
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San Jose, Ca 95126
 
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