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What Happens After an Arrest?

WHAT HAPPENS AFTER AN ÁRREST? CALIFORNIA CASES 2009 1,262,156 ARRESTS o 32% felonies O 68% misdemeanors DRUG ARRESTS DUI ARRESTS 231,251 ASSAULT ARRESTS 203,879 160,701 NATIONAL NUMBERS FELONY CHARGES FELONY TRIALS E 85% conviction 15% acquittal 11% reduced to misdemeanor 24% dismissed 1% acquitted 7% diverted or deferred 54% felony conviction through plea bargaining 3% felony conviction through trial ARREST CONVICTION RATES Domestic violence 35% Felony assaults 25% Felony drug trafficking 71% STANDARD PROCEDURES FROM ARREST TO ARRAIGNMENT 2 ARREST OR CITATION CONTACT LAWYER Benefits: • Legal advice • Help throughout process • Sympathy and support 3 4 INTERROGATION BOOKING May occur at any time during arrest, booking, and holding • Retain right to remain silent • Fingerprints Mug shot • DUl arrests legally even if innocent • Never undergo questioning require blood, urine, or breath without an attorney present test ARRAIGNMENT HEARING BAIL SET TO ENTER PLEA MOVING ON WITH A MISDEMEANOR 7. Meet with judge and prosecutor 1-6 months of pretrial conferences Lawyer files motions based on evidence DISMISSAL ARREST VIOLATIONS SUPPRESSION OF EVIDENCE 8 TRIAL DATE SET IF PARTIES DON'T COME TO AN AGREEMENT Y SENTENCING FIGHTING FELONY CHARGES LOWER COURT I PRELIMINARY SETTINGS • Gather evidence Discuss case with prosecutor 8 FAR (felony advanced resolution) • Meet with judge, prosecutor, and probation officer to discuss settlement 9 PRELIMINARY HEARING • Case settled or moved to higher court • Sentencing hearing occurs if settlement is reached HIGHER COURT 10 SECOND ARRAIGNMENT HEARING 11 MOTION AND SETTLEMENT CONFERENCES LAWYER FILES MOTIONS • Dismissal • Arrest violations Suppression of evidence Parties reach agreement or decide to go to trial 12 Trial by judge or jury 13 Sentencing INFOGRAPHIC PROVIDED BY: HJP&E Hinkle, Jachimowicz, Pointer & Emanuel ATTORNEYS AT LA W Sources: After-Youre-Arrested.html violence/practical-implications-research/ch6/successful-prosecution.htm LO

What Happens After an Arrest?

shared by BrittSE on Apr 06
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Getting arrested is often stressful and overwhelming. That is why it is important to have a criminal defense lawyer on your side. This professional will provide knowledge, guidance, and support throug...


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