Sep 14, 2012 · The California criminal defense attorneys at Wallin & Klarich count with over 40 years of experience defending clients facing all types of criminal charges. If you or a loved one has been accused of a crime in California, please call Wallin & Klarich today at 888-749-0034 to receive our immediate assistance. We’ll be there when you call.
Aug 08, 2013 · However, just because the District Attorney did not accept the case or rejected it, does not mean that your "background is clear". Many people mistakenly believe that since the matter was not formally charged against you in a court of law, your record is clear.
Free Consultation - Call (310) 782-2500 - Greg Hill & Associates aggressively represents the accused against charges in Crime & Criminal cases. If My Case Is a DA Reject, Do I Get My Bail Money Back? - Los Angeles County Crime Lawyer
When the district attorney has decided to reject the case for prosecution, or dismiss the case, D. When the district attorney has decided to file criminal charges in the case, E. When the district attorney has decided to file the case as a violation of probation, (or given it to the state as a violation of parole) The following are step-by-step questions and guidelines that should help …
You have an arrest but no conviction. It wasn't dismissed, because a reject means it was never filed. Under California law, an arrest with no resulting prosecution is deemed a 'detention only' and NOT an arrest. But it is up to the arresting agency to notify the DOJ and many don't. If you don't receive a 'certificate of detention only' from them within another, you may want to contact them and request it...
It may show up as an arrest but regardless, it's not a conviction. You can go to www.doj.ca.gov to request you own rap sheet and confirm how it appears. You can possibly do a 851.8 PC petition for a certificate of factual innocence to seal the arrest, but the are particularly difficult in DV cases and may not be worth the time, energy or money, depending on why you may need it...
Don't allow a case to sit dormant in the district attorney's office without a decision. No matter which timeframe the attorney is working under, there really isn't much cause for an attorney not to quickly read the case as soon as it comes into the office, and then to make a decision immediately following the reading.
The attorney should read the case as soon as possible after it comes into the office. And once having read the case, there's little reason not to make an immediate decision; whether to file the case, reject it, or send the case back for more investigation.
In general, if you think about it, there usually is no good reason for any case to sit in the district attorney's office more than a couple days before the attorney makes some kind of a decision on the case. The attorney should read the case as soon as possible after it comes into the office.
In sum, if someone is arrested for a new criminal act while on probation, especially for a crime of violence, the district attorney should charge that person with a new criminal charge (assuming, of course, there is sufficient evidence), as well as handling the case as a violation of probation.
Sometimes weeks go by without communication only because women aren't quite sure how it's all supposed to work.
statement obtained in violation of the Sixth Amendment is inadmissible in the prosecution's case-in-chief.(48) Under certain circumstances , however, the statement may be used to impeach the defendant if he testifies at his trial and his testimony is inconsistent with his statement.
It is not uncommon for officers, prosecutors, and even judges to confuse invocations of the Sixth Amendment right to counsel with invocations of the Miranda right to counsel. Such confusion can probably be eliminated by keeping the following in mind.
If the case is sent back for further investigation, charges must be filed by the prosecutor’s office within the applicable statute of limitations.
Once charges are formally filed, the case can only be dropped by way of a dismissal or not guilty verdict as a result of a lengthy court process. This gives the prosecution more time to build a strong case against you, decreasing your chances of having your case dismissed.
During a pre-filing investigation, a police officer investigates a crime and does not make a physical arrest. If you are being investigated for a crime and have not been arrested, this is because the officer is not entirely sure you ...
As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges. If so, he or she will file a formal complaint with the Court, and the prosecution commences.
What most people do not understand is that a person, even if arrested by the police, is not formally charged with a crime until/unless a prosecutor at the District Attorney’s office files a formal complaint with the clerk of Court. Before this happens, your attorney may be able to influence the prosecutor’s decision to file charges against you.
Once the police officer has gathered sufficient evidence, he or she will meet with the prosecutor and present all of the evidence that the officer has obtained, including physical evidence, statements from witnesses, or even your own statements. The officer may recommend certain charges, but only the prosecutor has the power to formally file ...
The officer may recommend certain charges, but only the prosecutor has the power to formally file criminal charges against you. If the prosecutor determines that there is enough evidence to proceed, he or she will draft a formal complaint to file with the Court. Once these formal charges have been filed, the District Attorney’s office will do one ...
From an evidentiary standpoint, a prosecution witness can turn out to be discredited, non-cooperative or disappear s, or a motion to suppress evidence is granted to the defense, turning a strong case into an uncertain one and prompting a plea offer from the prosecutor.
Judges get involved in the plea process as well. By meeting in chambers with the prosecution and defense attorneys who may be entrenched in their positions, the judge will generally assess the evidence against you and whatever defenses are available.
A plea of nolo contendre is a guilty plea. Its effect is in civil cases where a victim may elect to sue the defendant for civil damages by not allowing the plea in the criminal case to be evidence of an admission of guilt to the underlying charge. About 90% of all criminal cases end in a plea agreement. The ones that do go to trial are usually in ...
About 90% of all criminal cases end in a plea agreement. The ones that do go to trial are usually in matters where one side will not accept a plea offer if one is offered and/or the defense believes that the prosecutor cannot prove its case.
A plea to set charges in exchange for not adding other charges. An agreement to reduce the sentence based on the defendants’s lack of a record or weakness of the evidence. A plea to a set of charges in return for a reduced or alternative sentence in exchange for information or to testify against other defendants.
Judges get involved in the plea process as well. By meeting in chambers with the prosecution and defense attorneys who may be entrenched in their positions , the judge will generally assess the evidence against you and whatever defenses are available.
Right to a trial by jury of 12 persons who must find you guilty by a unanimous verdict 1. Right to present your own witnesses and evidence. Right to remain silent and to not testify or offer any evidence. Understanding of the immigration consequences if you are not a US citizen or of other constitutional rights.
Prosecutors can file charges on all crimes for which the police arrested a suspect, can file charges that are more or less severe than the charges leveled by the police, or can decide not to file any charges at all. ( U.S. v. Batchelder, U.S. Sup. Ct. 1979.)
The Prosecutor's Decision: Using the Police Report. Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports ).
For example, a prosecutor may file charges on every shoplifting case, no matter how weak, to curry favor with local store owners who want to get the word out that shoplifters will be prosecuted. For similar reasons, a prosecutor may pursue otherwise weak prostitution charges to avoid alienating powerful civic groups.
Police officers usually make arrests based only on whether they have good reason ( probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt. Prosecutors can also take a broader perspective.
Arrest reports summarize the events leading up to arrests and provide numerous other details, such as dates, time, location, weather conditions, and witnesses' names and addresses. Arrest reports are almost always one-sided.
A prosecutor will review any statements made by the defendant and victim. In some cases, a victim will make a verbal statement that is noted by police followed by a written one that will contain inconsistencies that an experienced defense attorney will exploit to challenge the veracity and credibility of the victim.
If a physician testifies that the injuries were not serious, or that the victim was exaggerating the symptoms, then this could convince the prosecutor to at least file less serious charges relating to the incident. 2. Inconsistent Statements. A prosecutor will review any statements made by the defendant and victim.
When appellate courts review an issue regarding sufficiency of the evidence, the standard is if the trier-of-fact upon viewing the evidence in the light most favorable to the prosecution would conclude that no rational fact-finder would have found the defendant guilty beyond a reasonable doubt. 1. Domestic Battery.
Willfulness is “…simply a purpose or willingness to commit the act… there is a defense for persons who commit the act through misfortune or by accident when it appears there was no evil design, intention or culpable negligence.”. 2.
If you intentionally touch someone without their consent, it is potentially an offensive act. Under the law, “the least touching may constitute battery; force against a person is enough and need not be violent or severe and does not need to leave a mark. It is enough if the victim’s feelings are injured by the act.”.
If you hugged your ex-fiance without her consent or put your arm around an ex-girlfriend, your act is likely insufficient to rise to the level of offensiveness or harmfulness to constitute a battery for domestic violence purposes.
Making false accusations in the past, or. having a motive to fabricate the incident because the parties are embroiled in contentious custody or property distribution battle. This might convince a prosecutor that there is insufficient evidence to convict the defendant and to decline to file the charges.
Lawyers can ask a judge to reject potential jurors who are biased or incapable of following the law. They can also toss a certain number of unbiased jurors for almost no reason at all…as long as it’s not an improper reason.
Although lawyers don’t have to give a reason for using a peremptory, they may not use them in order to rid the jury of people of a certain race, religion, gender, or other protected status. If a pattern begins to emerge—the prosecutor excuses every Black juror but no White members—the judge will intervene.
Criminal defendants are entitled to a jury of their peers. Those jurors are practically drafted, called as a result of having registered to vote or after obtaining a drivers’ license. Failing to answer or lying on a jury summons is a crime, and "getting out of jury duty" is no easy task. Yet all courts provide for the questioning ...
Failing to answer or lying on a jury summons is a crime, and "getting out of jury duty" is no easy task. Yet all courts provide for the questioning of potential jurors to expose reasons why the individual might not make an ideal juror—one who can be impartial and fair. To that end, lawyers and the judge question each would-be juror, ...
The crowd of people who show up at the courthouse with jury summons in hand are known as “venirepersons, ” which means that they are potential jurors (the group is called “the venire").
This is one reason why notorious trials are moved away from the city in which the crime allegedly occurred, in hopes that people living elsewhere may not have been exposed to such fare.
These are known as peremptory challenges, which are ways to get rid of jurors who present no obvious evidence of bias or unsuitability.