The criminal court process

Marijuana-related offenses in California vary, ranging from minor misdemeanor offenses, such as possession of less than one ounce of marijuana, to serious felony offenses that carry severe penalties, including charges that deal with selling, transporting and manufacturing marijuana. If arrested on any marijuana-related charge, it is vital that the accused hires a skilled California criminal defense lawyer who knows the local customs and practices that relate to marijuana charges so that he or she can effortlessly guide his or her client through the criminal court process with ease, understanding and complete competence.

The arrest, booking and bail proceedings are the first part of the process. Once an officer has arrested the accused (taken him or her into police custody so that he or she is no longer free to leave), the accused is typically taken to a police station where he or she is booked (fingerprinted, photographed and entered into a criminal database) and, depending on the severity of the offense, will either be released or held in custody until his or her bail hearing or arraignment.

The arraignment is typically the next stage. At the arraignment, the accused will hear the exact charges that have been filed, will be advised that he or she should have an attorney, may have his or her bail altered and will enter a plea of guilty, no contest or not guilty.

Plea negotiations follow. This is where the criminal attorney tries to have his or her client’s case either dismissed entirely (based on holes in the prosecution’s case) or reduced so that his or her client can receive a more lenient sentence than he or she would if found guilty during the trial.

Preliminary hearings are held in felony cases. Considered a “mini trial” it is the phase where the judge decides whether the prosecution has enough evidence to force the defendant to answer to the charges.

Motions to suppress evidence are pre-trial motions that are typically filed by the defense in a California case involving marijuana and are argued in an effort to keep certain evidence or witnesses out of the trial, which could ultimately lead to a dismissal of the charges if successful.

Motions for discovery are designed to ensure that the defense has all of the prosecution’s evidence to ensure a fair trial. This typically includes the names of any prosecution witnesses, statements made by the defendant, all written or recorded witness statements, information about any seized evidence and any evidence that points to the defendant’s innocence. Discovery motions may also be filed against the defense.

A Pitchess motion may be raised by a defendant who suspects that the arresting officer has engaged in previous misconduct which may be relevant to his or her defense. This motion seeks personal information contained in the officer’s personnel file, including any complaints about racial bias, false arrest, the planting of evidence or any other criminal conduct.

The jury trial comprises the bulk of the case. This is where the attorneys for both sides have the chance to present all of their evidence to the judge and jury in the attempt to either have the accused declared guilty or not guilty. The “burden of proof” lies with the prosecutor, which means that the state must prove the defendant’s guilt “beyond a reasonable doubt” in order to prevail. If the defendant is acquitted or the case is dismissed, the individual may go through a process to have his or her property returned, which may require the help of an experienced attorney.

Sentencing takes place if the defendant either accepts a plea or is found guilty during trial. In a marijuana-related case, one’s sentence could include probation, fines, jail or prison time, diversion, drug rehabilitation or electronic monitoring.

To learn more from a firm who excels in successfully navigating their clients through this process, contact the outstanding attorneys at The Kavinoky Law Firm today for a free consultation.