Sacramento, California Criminal Defense Frequently Asked Questions

The following information includes frequently asked criminal defense questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Law Offices of Hedberg & Nicholson, you can receive a personal consultation regarding your specific case.

What happens if I am arrested for breaking a criminal law?

If you are arrested for breaking a criminal law, the case is taken before a magistrate who issues a warrant, if necessary, and sets a bond for appearance in court. If the defendant cannot post bond, he or she may be incarcerated pending appearance in court. If bond is posted, he or she will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest, or on the first date available if on a weekend or holiday. The arraignment is held before a judge who formally tells the defendant the offense with which he or she is being charged, and informs the defendant of his or her constitutional rights and of the possible penalties involved. The defendant enters a plea of guilty or not guilty at this time; the bond or bail may be reviewed, and a date for the next hearing is scheduled.

Is domestic violence a crime punishable under criminal law?

Whether an instance of domestic violence is a crime depends upon the particular circumstances, as well as the laws of California. Often domestic violence is both a crime subject to criminal penalties and a civil wrong subject to restraint upon personal conduct, along with the award of monetary damages.

A frequent pattern in domestic violence cases occurs when the victim calls the police, presses charges, then reconciles with the abuser and seeks to have the charges dropped, only to have the entire process repeated. Because of this, in some local communities and states, domestic violence is now prosecuted as a crime by city and district attorneys, even if the victim doesn't file charges.

Can police officers use force to arrest me?

A police officer may use as much force as necessary for a criminal arrest, as long as it is reasonable and lawful. After an arrest is made, a police officer may apply handcuffs to a defendant if the officer thinks that it is necessary to prevent injury or escape. If the defendant claims an unlawful application of force was used by the arresting officer, a judge will hear the defendant's argument and decide whether or not the force used was reasonable for the circumstances.

Will I be fingerprinted or have to be in a line-up?

If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, provide a sample of your handwriting, speak phrases associated with the offense, and/or to have samples of your hair taken. However, you may insist that an attorney be present during this time.

What is the role of the judge in a criminal trial?

The judge in a criminal trial controls all legal proceedings in the courtroom. The judge determines whether certain evidence is admissible or not, and rules on preliminary matters and discovery issues that the defense and prosecution may have. And before the jury decides a case, the judge instructs the jury as to how they must be lawfully guided through the decision process.

What is the role of the jury in a criminal trial?

The jury in a criminal trial considers all aspects of the case for as long as is needed in order to come to a unanimous decision. Once a verdict is reached, it is presented to the defendant in court. A jury may find a person guilty of all, some, or none of the crimes charged in a criminal trial. In some cases, depending on the evidence presented and the nature of the instructions given by the Court to the jury, a jury can convict a defendant of a lesser crime than initially charged. If the jury presents a not guilty verdict, the proceedings are over and the jury verdict may not be overturned. If the verdict is guilty, however, the defense may proceed with an appeal.

What is bail?

Bail is money or other property that is deposited with the court in order to ensure that the person accused returns to court when he or she is required to do so. However, if the defendant does not come to court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned.

What happens during a bail hearing?

Upon arrest, the accused appears before a magistrate or judge for the alleged violation of a criminal law. The magistrate or judge will conduct a pre-trial bail hearing, resulting in four possible results:

• Recognizance - This is the defendant's written promise to appear in court on the date set, and to abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit, or security by property or professional bondsman is required.
• Unsecured Bond - This release, pending court appearance, is based on the defendant's written agreement to appear in court on the date set and to abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if she or he does not appear in court on the date set.
• Secured Bond - This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and will abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.
• Ineligible for Bail - The defendant is denied a release pending court appearance.

The bail decision may be appealed to a judge who will reexamine the evidence. A violation of any agreement of release pending court appearance can result in the issuance of an "Order to Show Cause" why the release should not be revoked.

What happens at an arraignment?

A suspect has the right to be arraigned without unnecessary delay, usually within two court days after being arrested. He or she appears before a judge who will read the offenses with which the suspect is officially being charged, inform the defendant of his or her constitutional rights, and advise of applicable penalties. In the event of financial hardship, an attorney is appointed at the arraignment, and bail can be raised or lowered. A suspect may also ask to be released on personal recognizance at this time, even if bail was previously set.

If charged with a misdemeanor, a suspect pleads guilty or not guilty at the arraignment. Or, if the court approves, a suspect can plead "nolo contendere," meaning the charges will not be contested. Legally, this is the same as a guilty plea, but it cannot be used against the suspect in a non-criminal case.

If misdemeanor charges are not dropped, a trial is held later in a court of law. If, however, the defendant is charged with a felony, and the charges are not dismissed, the next step is a preliminary hearing.

Why should I hire a criminal defense lawyer?

Any person who is facing a criminal charge, no matter how minor, will benefit from consulting a qualified criminal defense lawyer. Unlike civil court cases, where money or property may be at stake, a person suspected of committing a criminal act is in jeopardy of losing his or her fundamental freedom. Act quickly to protect your rights by contacting an experienced criminal defense attorney who can identify important pretrial issues and bring appropriate motions which might significantly improve a defendant's case.

If you or someone you know in Sacramento, or throughout Northern California, needs the legal counsel or assistance of an experienced criminal defense lawyer, please call Law Offices of Hedberg & Nicholson today at 1-866-637-3351, or complete the contact form provided on this site to schedule your free initial consultation.