Case Process at the Michael Anthony Hernandez Law Offices
Misdemeanor
The Misdemeanor Case Process
Misdemeanor defense attorney in San Diego, Michael Hernandez. Learn more about the misdemeanor case process, written by an experienced defense lawyer in San Diego.
The general procedure for a misdemeanor case is outlined below and typically takes about four months from the filing of the complaint through trial. Misdemeanor cases are less formal than felony cases, and with few exceptions, defendants are not required to be present in court for each court hearing. In fact, one of the greater benefits of hiring your own defense attorney is that California law allows the defense attorney to appear for you in court. This means that you do not need to take time off of work or school to go to court.
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1
Complaint Filed
Formal charging document prepared either by the District Attorney or the City Attorney. -
2
Arraignment on the Charges
The charges are read to the defendant, he is informed of his constitutional rights, and he enters a not-guilty plea. -
3
Settlement/Negotiation/Readiness Conference
The first opportunity for the defense attorney, the prosecutor, and the judge to discuss and negotiate the case. In federal court, the judge does not participate in the negotiation or plea bargaining process. -
4
Motions Hearings
Depending on the specific facts of each case, various motions can be filed and argued. Typical motions include motions to suppress evidence, discovery motions, and Pitchess motions. -
5
Trial
The defendant is entitled to a jury trial or, with the consent of the prosecutor, to a bench trial (a trial by a judge).
Felony
The Felony Case Process
Felony crimes defense attorney in San Diego, Michael Hernandez. Learn more about the felony case process, written by an experienced felony defense lawyer in San Diego.
The general procedure for a felony case is outlined below and typically takes about 6 months from the filing of the complaint through trial. The felony process is formal, and defendants are required to be present for every court hearing.
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1
Complaint/Indictment Filed
Formal charging document prepared either by the District Attorney or the Grand Jury. -
2
Arraignment on the Charges
The charges are read to the defendant, he is informed of his constitutional rights, and he enters a not-guilty plea. -
3
Settlement/Negotiation/Readiness Conference
The first opportunity for the defense attorney, the prosecutor, and the judge to discuss and negotiate the case. In federal court, the judge does not participate in the negotiation or plea bargaining process. -
4
Preliminary Examination
The prosecution will present evidence to a judge to establish that there is sufficient cause to take the case to trial. -
5
Motions Hearings
Depending on the specific facts of each case, various motions can be filed and argued. Typical motions include motions to suppress evidence, discovery motions, and Pitchess motions. -
6
Settlement/Negotiation/Readiness Conference
An additional opportunity for the defense attorney, the prosecutor, and the judge to discuss a possible resolution to the case. -
7
Trial
The defendant is entitled to a jury trial or, with the consent of the prosecutor, to a bench trial (a trial by a judge).
Appeals
The Appeals Case Process
An appeal is quite different from a trial. The appellate court reviews the trial court’s proceedings to ensure that they were conducted according to law. For that reason, the appellate court does not decide guilt or innocence or other factual questions. The court’s authority in an appeal is limited to matters in the “record,” which includes the clerk’s transcript (documents from the superior court’s file) and a reporter’s transcript (testimony and other oral proceedings in the superior court). The process works the same for both misdemeanor and felony appeals, but the major difference is that misdemeanor appeals are handled by the appellate division of the superior court, whereas felony appeals are handled by the state court of appeals.
Appeals take a considerable amount of time to complete, and the major events in the case are often separated by periods of months.
Notice of Appeal
An appeal is started with the filing of a Notice of Appeal. However, there are very strict deadlines for beginning an appeal. Generally, you have only 30 days from the date of sentencing on a misdemeanor to file the Notice of Appeal. In felony cases, you have 60 days from the date of sentencing to file the Notice of Appeal.
Appellant’s Opening Brief, Respondent’s Brief, Appellant’s Reply Brief
The most important procedure will be the filing of an opening brief, in which the defense attorney sets forth all the issues to be raised on the client’s behalf, as well as the procedural history and the facts of the case. The Attorney General will then file a respondent’s brief, and the defense attorney will file a reply brief.
Oral Argument
After the briefing is complete, the appeals court will begin to review and evaluate the case. The attorneys will then have an opportunity to go to court for an oral argument.
Opinion
Finally, the case will be decided by a panel of three Court of Appeal justices, and the decision will be in the form of a written opinion.
Michael Hernandez is an experienced misdemeanor and felony appeals lawyer in San Diego with the dedication and experience you need. Contact our San Diego criminal defense firm today for a free consultation on your appeal.