Los Angeles Criminal Defense Trial Lawyer

LOS ANGELES CRIMINAL DEFENSE AND DUI TRIAL LAWYER
Most of us have seen the court, trial and criminal law television shows, where trials seem very common.  The reality of the criminal law court process is that over 95% of criminal cases do not proceed to trial.  The first court date in California criminal proceedings is typically an arraignment.  At arraignment, the prosecutor files a criminal complaint and the charges are read to the defendant.  The defendant then enters a plea of guilty or not guilty.  Arraignment is also the time that the government turns over its evidence ("discovery") to the defense attorney.  Next, the attorney will request additional evidence believed to be in the government's hands, subpoena important evidence (e.g. surveillance camera footage), and may hire a private investigator to gather independent evidence and witness statements.

CASE SETTLEMENT
Some people do plead guilty at arraignment, often through early plea bargaining with the prosecuting attorney.  Plea negotiations continue, and the vast majority of cases will result in an agreed upon plea bargain.  Another way cases get disposed of before trial, is by defense motions.  A skilled Los Angeles Criminal Defense Attorney will identify possible motion to suppress or motion to dismiss issues.  If the government lacks evidence, or any evidence was obtained in violation of the defendant's constitutional rights, the case may be dismissed before trial.  Sometimes it is also possible to negotiate a dismissal with the prosecuting attorney.

PRE-TRIAL MOTIONS
For those cases that do proceed to trial, the process is costly and time consuming.  And a lot of work for criminal defense attorneys.  The first step in an LA jury trial will be pretrial motions, or "402 motions."  Here, the prosecutor and defense attorney get to argue about admissibility of witnesses and other evidence.  In some cases, these issues are extremely important and can really determine the outcome of the case.  The defense lawyer has to be prepared and effectively argue to exclude bad evidence and include good evidence.  This requires a strong grasp of the evidence code and relevant case law.

VOIR DIRE / JURY SELECTION
Next, cases proceed to jury selection.  It is often said that cases are "won or lost at jury selection."  This could not be more true in criminal cases.  With the requirement of a unanimous verdict, just one vote for not guilty will stop a conviction.  So as the prosecutor tries to figure out a way to make sure that one person does not make it on the the jury, a criminal defense attorney has to try to get a jury of 12 open-minded people who will wait until they have heard actual evidence before rending a decision.  Jury selection is also the attorney's first opportunity to speak to the jury.  First impressions are very important, but this is also an opportunity to start educating the jury and laying a foundation for arguments to come later.  Each side strikes jurors one at a time until one side agrees to accept the jury as it is (the first 12 and two alternates).

OPENING STATEMENT
Once a jury is sworn in and instructed, the prosecution and defense attorney will each have an opportunity to deliver an opening statement.  This is an introduction to the case, the the evidence to be presented and a description of important facts.  The prosecution has an opportunity to speak first (and last, as will be described below).  This is a big advantage, but the prosecution does have the burden of proof.  In criminal cases, the burden is "proof beyond a reasonable doubt" which is the highest standards our courts employ.

WITNESSES AND CROSS-EXAMINATION
After both lawyers give their opening statements, the prosecution will proceed by calling its first witness.  In criminal cases, this will usually be a police officer, but can also be a victim or other percipient witness to the alleged crime.  The prosecution will call each of their witnesses, until they have presented all of their evidence.  The defense lawyer must effectively cross-examine government witnesses.  This can be by attacking a witness' credibility, showing inconsistencies in the story and more techniques that can help the defense case.  Next, the defense has an opportunity to call witnesses, including re-calling any prosecution witnesses.

CLOSING ARGUMENT
After all of the evidence is presented, each side gives a closing argument.  The prosecutor goes first, followed by the defense attorney's closing argument.  Finally, the prosecutor gives a rebuttal, giving the government the final word.  Speaking first and last is a big advantage.  The closing arguments point to the reasons each side believes the jury should find in their favor.  Holes in evidence, credibility questions, and of course, the meaning of the phrase "reasonable doubt" are common focal points of closing arguments in criminal cases.

JURY DELIBERATION AND VERDICT
Once the jury has heard the arguments, they get instructions from the judge and are taken back to the jury room to deliberate.  The jury tries to reach a unanimous verdict, and has an opportunity to review evidence and ask questions of the judge and attorneys.  The jury will fill out a verdict form for each of the charges and enhancement allegations.  When the jury finds a defendant "not guilty" the defendant is free to go.  If found "guilty" a defendant may be remanded into custody immediately, but will be sentenced a future date.

CONTACT A LOS ANGELES CRIMINAL DEFENSE ATTORNEY NOW
If you have been arrested and charged with a crime in LA, trial may be the only option that gives you a shot at keeping your driver's license, avoiding jail or prison, and avoiding immigration consequences.  The decision to go to trial requires careful consideration of the possible consequences of a trial loss versus that of a guilty plea.  If negotiating favorable terms fails, and motions to suppress or dismiss are denied, trial may be your best option.  Contact Los Angeles Criminal Defense Attorney Nicholas Loncar to discuss your case, your defenses and whether taking your case to a California jury trial might be your best option.

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

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