Innocent Until Proven Guilty

LOS ANGELES CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER

The term "innocent until proven guilty" is thrown around often.  We learn from a young age that only those proven guilty of a crime, beyond a reasonable doubt should be punished.  The truth is that a criminal defendant is only sentenced after being proven guilty at trial or pleading guilty.  But, many punishments are imposed before a conviction and before a sentence is pronounced.  The burden of proof beyond a reasonable doubt is supposed to be a very high burden, and one that is exclusively on the government.  In practice, criminal defendants, based only on a police officer's belief of probable cause (a much lower standard) can find themselves incarcerated, with high bail set, and seemingly fighting to prove their innocence.  Fighting a criminal case can take a long time, and for those who are in custody, life on the outside does not stand still.  Jobs will not wait; rent and mortgage payments must be made; children must be cared for, and school must be attended.  If you or a loved one has been arrested, it may be difficult to reconcile the ideal "innocent until proven guilty" notion of freedom we have been taught to believe with a harsh reality of punishment, fear and mistreatment before any evidence has been used to prove the defendant guilty.  This is why strong representation is so essential for criminal defendants, whether innocent or guilty.  Let a passionate, aggressive and experienced Los Angeles Criminal Defense Attorney help you fight for your innocence, and make the government prove your guilt beyond a reasonable doubt.  From misdemeanor charges like DUI, Domestic Violence up to serious felonies like robbery/burglary, homicide and more, our office will fight tirelessly for you.

THE ROLE OF BAIL
Some criminal defendants are released on their own recognizance (O.R.) pending a disposition in their criminal case.  Others are often held on "bail" during that process.  What this means is that the court will require posting of some sum of money before the defendant may be released.  The amount of bail required often determines whether a defendant will post cash bail or a bail bond or whether they will remain in custody.  Bail bonds companies have helped defendants by making the cost of bail more manageable.  Bail bonds companies will typically charge 10% of the full bail to post and get a defendant out of custody.  With a private attorney defending on the case, most bail companies will reduce their premium to 8%, saving the defendant even more money.  The most common bail amounts in LA County are $30,000, $50,000 and $100,000.  Posting that full amount is not possible for most people.  Even posting the 8% bond is a heavy financial burden.  Again, it is evident that people are being harshly punished long before any evidence is presented to prove their guilt.  Bail can be a helpful tool to keep your life in order without sacrificing the time that may be necessary for your defense.  Sometimes additional investigation, trial preparation and plea bargaining will only be able to take place if the defendant is out of custody.  In some cases, where custody time is inevitable, it may be in the defendant's best interest to continue to earn custody credits while fighting the case, instead of paying money to delay jail time.  This is a case by case determination, and the right answer is often not clear until after a decision on bail has already been made. 
more about the bail process

PRELIMINARY HEARINGS IN FELONY CASES
In felony cases, the government must meet a preliminary burden of proof (probable cause) in order to continue to hold someone on felony charges.  In California, a preliminary hearing is like a mini-trial, where witnesses are called to testify about a crime.  The government need not prove guilt beyond a reasonable doubt at this stage, but Misdemeanor cases do not have preliminary hearings.  Moreover, felony cases that proceed by grand jury indictment (as opposed to the filing of a criminal complaint) do not require a preliminary hearing.  Cases are rarely filed by indictment in Los Angeles.  Even with the low burden at a preliminary hearing, your criminal defense lawyer can do a lot for your defense at this stage, including locking witnesses into statements, getting evidence thrown out or even getting the case dismissed.
more about preliminary hearings

JURY TRIAL
It is the right of everyone charged with a misdemeanor or felony in California to have a jury decide their guilt at a trial.  Preparation of a trial theory, investigation, questioning witnesses, motions and preliminary hearing (felonies only) can take several months.  Even if a defendant is insistent on moving trial along quickly, it can still be nearly 3 months before a criminal defendant gets to trial.  With added time to allow investigation and preparation, many trials begin a year or more after the date of arrest.  Although every defendant has a right to a jury trial, very few exercise that right.  The time and cost of taking a case to trial leads most cases to end in a guilty or no contest plea.  Asserting your innocence to the very end likely means taking a case to trial.
more about jury trials

PLEA BARGAINING
Most people are never really "proven" guilty in our criminal justice system.  Most criminal cases will settle in a process commonly called "plea bargaining."  Trial can be risky for both sides.  Even when the evidence does not appear particularly strong or if the defendant is innocent, a jury might be persuaded to convict.  Similarly, in seemingly string cases, there may be enough loose ends to drum up doubt.  This uncertainty makes plea negotiations attractive to both sides.  If a defendant can work out a deal that does not involve jail time, does not involve a permanent felony conviction, does not involve immigration consequences, etc., taking that deal might be preferable to risking a trial.

Being arrested and facing criminal charges sure does not seem like proper treatment for the innocent.  Police officers and prosecutors often look at everyone as criminals, and are usually highly biased towards guilt.  To make matters worst, most criminal court judges are former prosecutors.  This is why it is so important that you have someone in your corner who not only knows the law, but wants the best possible outcome for you.

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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

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

By Nicholas Loncar