What to Expect After an Arrest in San Diego

What To Expect After An ARREST IN SAN DIEGO Pre-Arrest Investigation Law enforcement officials contact the suspect and a search warrant might be soUght. Do not talk to the police, the information they collect and gather will be used against you. Arrest When the arrest is completed you change from a Criminal suspect to a criminal defendant. Failure to properly administer Miranda Warnings affects the admissibility of statements made to law enforcement officials after arrest. Prior to police interrogation, ask for an attorney then invoke your right to remain silent. CRIMINAL DEFENDANT You will be booked at this point, Arraignment and Bail 48 An arraignment is your initial appearance in court and must occur within 48 hours of your arrest (not including weekends and holidays). HOURS Once the charges are levied and a plea entered, bail is set. Pre-trial Proceedings Felony Disposition Conference (FDC) During this conference prosecution makes an offer to resolve the case before any other activity in the case happens. Preliminary Hearing During the preliminary hearing, two issues are before the court: (1) is there probable cause to believe that a crime was committed; and (2) if so, is there probable cause to believe that the defendant is the person who committed the crime. Arraignment for Trial Your attorney should be given a document listing the charges you must face in court anda copy of the preliminary hearing's transcript. Trial There are two types of trials available to the criminal defendant for resolution of his or her felony case: trial by court (bench trial) or trial by jury. Sentencing During the sentencing hearing, each side is afforded an opportunity to present and explain what type of sentence or sentence considerations the judge should take into account. Appeals 60 If convicted of a felony in California, you have 60 days to file an appeal, unless you have been given a death sentence that automatically triggers an appellate review. DAYS Law Office of Vikas Bajaj, APC 1230 Columbia Street Suite 565 San Diego, CA 92 101 619-525-7005 All Rights Reserved https://www.bajajdefense.com B \BS BAJAJ, APC LAW OFFICE OF "Disclaimer: For informational purposes only, this is not legal advice PHASE 7 PHASE 6 PHASE 5 PHASE 4 PHASE I PHASE 3 PHASE 2