Southern California Criminal Law Process

The criminal law process is very complicated. For most people, it is also very unclear. If you have been arrested for a crime, the first thing you need to do is speak with a knowledgeable attorney. At The Law Offices of Michael J. Holmes, PC, we understand California law. With our legal expertise, you will have the information and representation you need to fight your criminal charges.

Our Law Office has helped clients throughout San Bernardino, Orange, Los Angles, San Diego and Riverside County sort through the complexities of the Southern California criminal law process, which can be broken down into the following steps.

STOP

An officer may stop you if they suspect that you are involved with a crime. They may ask you questions, but you have the legal right not to answer them. At this point, even though you are being detained by the officer, you are not under arrest.

SEARCH

A search warrant grants law authority the right to search a specific piece of property or place. In order for authorities to obtain a search warrant, they must prove to the judge issuing the warrant that they have enough probable cause. Law authorities cannot search any other piece of property or place unless they have a separate search warrant that authorizes them to do so.

In some instances, an officer may conduct a warrantless search. An officer may conduct:

Searches incident to arrest: Search your body and clothing for weapons or contraband during a justified arrest.

Automobile searches: If an officer arrests you while you are in your vehicle, they may search your vehicle if they have probable cause.

Plain view searches: Law enforcement does not need a search warrant if they see objects such as weapons or narcotics in plain view.

Consensual searches: Police do not need a search warrant if you grant them permission to search your property.

ARREST
A police officer must have probable cause (reasonable belief that you committed a crime) before they can arrest you. When arrested, you have the right to remain silent and the right to an attorney.  Once you are taken into custody, the officer must inform you of your right to remain silent, your right to an attorney throughout questioning, and the right to have an attorney/public defender appointed to you.

BOOKING
After your arrest, the arresting officer will take you to the police station where you will be booked, searched, photographed, and fingerprinted. You may be asked more questions and your personal property will be confiscated for the time being.

APPOINTMENT OF AN ATTORNEY
If you do not have an attorney, and your criminal charges involve the possibility of imprisonment, an attorney/ public defender will be appointed to you.

ARRAIGNMENT
If you are placed in jail, an arraignment will usually take place within 72 hours. During the arraignment, you will be asked to enter a plea in court. You may plead: guilty, not guilty, no contest, or enter a "mute" plea. The court will also set bail, refuse to set bail, or release you on your own personal recognizance.

If you plead not guilty, a trial date will be determined at this time as well.

TRIAL
If you pled not guilty to your criminal charges, and no plea agreement from the prosecutor was reached, your case will proceed to a trial.  After you have been charged with a crime, in most cases, your trial should take place 60 days after your arraignment. As deemed by the US Constitution - you have the right to a speedy trial.

APPEAL
If you're found guilty after a trial, you are entitled to an appeal.
However, there are deadlines in which an appeal must be filed. Therefore, it is in your best interest to speak with an attorney.

If you have questions about the California criminal law process, call The Law Offices of Michael J. Holmes, PC, at (888) 393-4LAW so we can begin building your defense. For your convenience, evening and weekend appointments are available.