If you successfully complete the program, you are dismissed of all charges.5. However, unlawful detention will not typically result in a dismissal of the case, unless, If you are being arraigned on a felony complaint that doesnt require you to remain in custody that is, you were released following your arrest, or you bailed out you must be arraigned without unnecessary delay. In reality, however, if youre out of custody, it may be weeks or even months before your arraignment.4. The defendant may be released on theirown recognizanceor may be told to post a certain amount of bail. Click on each step to learn more. This could be weeks or months from the date of the original arrest. Posted in Criminal Defense,General FAQ'S,Sentencing on June 22, 2019. Let's see how we can help. Bail is money that the court requires you to pay in order to assure your court appearances. Even if the case against you seems weak or it seems obvious that the charges against you are a huge misunderstanding, its still unlikely the case against you will be dismissed. An arraignment is a brief, initial court appearance following an arrest. The 48-hour rule applies to all crimes that require you to remain in custody, regardless of whether they are felonies or misdemeanors. The trial must start within 60 days of the arraignment on the Information. Arraignments in California Criminal Cases -- 3 Things That Will Happen. It is often the first time that a defendant sees a judge in their case, and sometimes that can lead to confusion. Highly unlikely. Per Penal Code 825 PC, you must be arraigned within 48 hours of an arrest if authorities kept you in custody after the arrest. Before the trial starts, the lawyers choose a jury. You should consult an attorney for advice regarding your individual situation. Usually called "public defenders," these government-appointed defense attorneys are responsible for zealously protecting a defendant's rights at all stages of the criminal process. (See In re Podesto (1976) 15 Cal.3d 921, 934-935 [127 Cal.Rptr. These orders are most typically imposed in connection with domestic violence cases and with violations of Penal Code 646.9 PC Californias stalking law. If you've been injured in an accident, our personal injury lawyers will fight to get you compensation for medical bills, lost wages, pain and suffering, and even punitive damages. What Is the Process for an Arraignment Hearing? Example: John is arrested Friday night for felonyassault with a firearm. What Happens If a Criminal Complaint Is Filed Against You in Riverside 2. We make every effort to keep our articles updated. Most jurisdictions say that an arraignment must take place within a reasonable time after you are arrested.2. Felonies - The Superior Court of California, County of Santa Clara By the time you walk out of the courtroom, you or your attorney should have a copy of available discovery (see Discovery blog) to begin preparing for your next court date. One of Mr. Esfandis specialties is early intervention. Contact our team now by calling (310) 997-4688. In felony cases, the arraignment is sometimes delayed until after the grand jury returns an indictment. a copy of the formal complaint that has been filed against you, and. At an arraignment the following happens: Defendant enters a plea. In the meantime, you must obey all laws and appear to all court dates, if youre facing felony charges. (When the defendant is charged with the commission of a felony by a written complaint subscribed under oath and on file in a court within the county in which the felony is triable, he or she shall, without unnecessary delay, be taken before a magistrate of the court in which the complaint is on file [for an arraignment].

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