FELONIES

Examples of Felony Charges - FELONY DUI, VIOLENT CRIMES, FELONY THEFT CRIMES, WEAPONS OFFENSES, SEX CRIMES, HOMICIDE, SALE, TRANSPORT, CULTIVATION & MANUFACTURE OF DRUGS, GANG CASES

Possible Sentences - State Prison, probation (including up to one year in county jail), local county time prison sentences and death.  Conditions of probation can include court ordered programs, rehabilitation, community labor/community service and more.

Timeline of a Felony Case

Arrest / Investigation - In felony cases, arrests are frequently made well after a crime has been completed.  Detectives investigate crimes and will seek an arrest warrant.  Felony arrests are also made in the field when officers observe felony conduct.

Arraignment - The prosecution files a criminal complaint, charging the defendant with a crime or crimes.  The defendant is informed of the charges, advised of his/her constitutional rights and enters a plea of Not Guilty, Guilty or No Contest.  Bail is also set at the arraignment, though the court may also release a defendant on his/her own recognizance.

Early Disposition Program Hearing / Prelim Setting - The next court date after arraignment (unless a bail motion is heard sooner), is typically referred to an EDP or a preliminary hearing setting date in Los Angeles.  At this stage, the prosecution and defense will exchange any new discovery and negotiate a possible disposition (plea bargaining).  If more investigation is needed by the defense, there may be multiple prelim setting dates.  If the sides cannot reach a disposition, then the case is set for a preliminary hearing.

Preliminary Hearing - Judge determines if there is sufficient evidence to hold the defendant for trial.  Motions, such as motions to suppress evidence, or motions to dismiss the case may be run at this time.  If the judge finds enough evidence, the defendant will be arraigned for trial.

Pretrial Conference - the parties can continue to negotiate a disposition and prepare for trial, including any additional information that may be needed. 

Jury Trial - the attorneys will select a jury, litigate pretrial motions (motions in limine), deliver opening statements, present evidence, call witnesses, cross examine witnesses and present closing arguments to the jury.  The jury will then be given jury instructions and deliberate.  If the defendant is found guilty, sentencing may proceed immediately or be set for a future date.  If the jury find the defendant Not Guilty, the defendant is released.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

MISDEMEANORS

Examples of Misdemeanor Charges - DRUG POSSESSION, DUI, DOMESTIC VIOLENCE, VANDALISM, PROSTITUTION/SOLICITATION, THEFT CRIMES,
UNLICENSED DRIVER/SUSPENDED LICENSE

Possible Sentences - Up to one year or less in county jail, probation, fines, counseling or programs (including: anger management, domestic violence, alcohol and drug abuse).  There may be jail alternatives and diversion programs available.


Timeline of a Misemeanor Case

Arrest - Defendant is either released, posts bail or remains in custody until court.  Most misdemeanor offenses are witnessed by the arresting officer. 

Arraignment - Defendant is informed of the charges, advised of constitutional rights, and enters a plea (Not Guilty, Guilty or No Contest).  Bail is also set, or the defendant may be released on his/her own recognizance.

Pretrial Conference - the parties exchange discovery, attempt to work out a disposition (plea bargaining), and investigate the case as needed.  Motions can be filed to dismiss the case, suppress evidence, order a line-up and more.  If a disposition can be agreed upon, the defendant can change a Not Guilty plea to Guilty or No Contest.

Jury Trial - the attorneys will select a jury, litigate pretrial motions (motions in limine), deliver opening statements, present evidence, call witnesses, cross examine witnesses and present closing arguments to the jury.  The jury will then be given jury instructions and deliberate.  If the defendant is found guilty, sentencing may proceed immediately or be set for a future date.  If the jury find the defendant Not Guilty, the defendant is released.

Appeal  - The defendant may appeal a conviction to the Appellate Division of the Superior Court

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME OR MAY BE UNDER INVESTIGATION FOR A CRIME, CONTACT THE LAW OFFICES OF NICHOLAS LONCAR FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE ATTORNEY.  818.646.8788.

Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
LAPD Online 
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule