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Criminal Defense

by DUI | May 3, 2009 | In Comments Off

When You Are In Need of Legal Services, Call Us
No matter what your situation in regards to a criminal charge, an attorney can be of great assistance in making sure your rights are protected. We defend each case carefully, and review all the unique facts as well as the law related to the case. We review all legal codes and regulations relating to your case and, after careful review, make recommendations. We argue on behalf of our clients in the courtroom at your trial or preliminary trial as trial lawyers. If a defendant, the person accused of a crime, is in custody, he or she has the right to an arraignment within 48 hours of being arrested. At this hearing the judge will officially tell defendants about their constitutional rights and explain the charges against them. Also, bail (property temporarily given to ensure that a person released from custody will return at an appointed time) may be raised or lowered. In order to be released without paying bail, defendants may request to be released on their promise to appear. This is called “on their own recognizance”

At the arraignment defendants will be asked to plead to the charges against them: guilty, not guilty, or in some cases, nolo contendre.

Misdemeanors
Defendants who plead guilty to a misdemeanor may be sentenced during the arraignment, unless the judge wishes to postpone sentencing in order to study a probation report.

During the arraignment, if a defendant pleads not guilty to a misdemeanor, the judge will set the date for a trial. The trial will be held within 30 days if the defendant is in custody or within 45 days if the defendant is not in custody-unless the defendant waives the right to a speedy trial.

If a defendant pleads guilty to a felony at the arraignment, he or she must be represented by an attorney (unless the defendant, in a noncapital case, waives the right to one). After a guilty plea, the judge has the option to keep the case in that court for sentencing or probation or to transfer the case to a superior court.

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