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In Beverly Hills is a successful and very active criminal defense firm serving clients throughout the Los Angeles area. We believe in providing strong and effective representation to clients facing serious misdemeanor and felony charges. Contact us now at 310-273-9600 for a free consultation about your defense.
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You've been arrested or suspected of a crime in Beverly Hills or Los Angeles County. You're frightened, confused and wondering “What happens next?” Unanswered questions only cause more confusion and fear. Navigating your way through the criminal justice doesn't have to be an overwhelming experience.
If you are a suspect in a crime or have been arrested, do not say anything to police without speaking to a lawyer. Everything you say and do could have a negative impact on your case and your freedom.
After an arrest, a district attorney decides whether to file formal charges against a suspect. To formally charge a person means filing a “Complaint.” The Complaint outlines the facts and details of the criminal charges. Contrary to popular belief, a district attorney doesn’t want to formally charge everyone arrested for a crime. Charges are pursed based on a variety of factors, including the prosecutor determining if it’s a winnable case based upon the facts suggesting that the person committed the crime.
Prosecutors obtain the facts of the case from the police. During the complaint process, it’s vital to have a defense attorney. Your attorney will talk to the district attorney to explain the client’s side. Showing the facts from the client’s side may change the district attorney’s view of the case. For instance, if may no longer be a winnable, slam-dunk case.
At the Law Offices of Jonathan Franklin, we work quickly and diligently in an effort to stop the process of a complaint being filed. We talk to the district attorney and argue in your favor against filing formal criminal charges.
If the district attorney decides to formally file criminal charges, the person charged the in the Complaint then becomes the defendant in the case. An arraignment is the first formal hearing. Criminal charges filed against the person are read aloud. Bail is set. The defendant has the opportunity to plead either “not guilty” or “guilty.”
The prosecutor and defense attorney don’t argue the case during an arraignment hearing. However, having a defense attorney is invaluable during an arraignment hearing because that’s where a defense attorney begins to fight for their client’s Constitutional rights. For instance, the defense lawyer can fight for a bail reduction or an “OR” release. At the Law Offices of Jonathan Franklin, we’re focus on getting our clients the best possible outcome. This means getting the client out of jail and working together towards successful resolution.
No one wants their case to progress to the preliminary stage. However, it’s important to understand that it’s not a conviction but another stage in the process. A preliminary hearing, or probable cause hearing, is presided over by a magistrate in a felony case. During the hearing, the district attorney presents their evidence against the defendant. The district attorney’s goal is to convince the magistrate a crime was committed and the defendant was the person who committed the crime. For example, the district attorney presents witnesses who claim to have proof the defendant committed the crime.
During the preliminary hearing a defense lawyer fights to exclude improper evidence and challenge witnesses who may not be telling the truth. For instance, if witnesses are challenged during the preliminary hearing, they can’t change their mind during trial. If they do, this discrepancy can be pointed out to the judge or jury.
Jonathan fights during the preliminary hearing to discredit or challenge witnesses. Witness testimony can mean the difference between a guilty and not guilty verdict. It can also mean a dismissal of criminal charges. Discrediting witnesses’ testimony, fighting to get evidence thrown out and bolstering the strongest evidence in your favor is the best approach to take during a preliminary hearing.
If the magistrate agrees with the district attorney, the defendant is “held to answer.” Being held to answer means the case continues. If the magistrate doesn’t agree there was a crime committed or the defendant committed a crime, the case ends.
More often than not, a defendant is held to answer for the crime they’re alleged to have committed. That means the case will proceed to the next stage. Discovery motions are filed to ensure that the evidence that the district attorney has against the defendant is provided, as required by law, to defendant’s attorney.
The right defense attorney takes advantage of the time between the preliminary hearing and beginning of trial by using this time to build their case. A smart and comprehensive defense strategy will increase the odds of swaying a jury in the defendant’s favor. Expert witnesses can be hired and prosecution witness testimony can be investigated.
During this time, the Law Offices of Jonathan Franklin work hard to get you the best outcome. Jonathan starts working on building a strong defense as soon as he meets with you. He understands you want to resolve your criminal case a quickly as possible. That is why he constantly negotiates with prosecutors during each step of the criminal justice process. Jonathan uses the time between the preliminary hearing and trial effectively. A case can be resolved prior to trial in many ways such as:
Prior to trial, both the prosecutor and defense attorney choose the jury. If the defendant opts for a bench trial, no jury is selected. Choosing the jury is called “voir dire.” Both sides get to ask potential jurors questions and select the jurors based upon the answers to the questions.
After the juror are chosen, the trial begins. Both sides present opening statements. Then, the prosecution presents witnesses and the defense attorney cross-examines them. The defense then presents its case and the prosecution gets to cross-examine defense witnesses. Closing arguments happen at the end of the trial. At that point, the case is in the hands of the judge or jury, the following outcomes may happen:
From the moment your free consultation begins, Jonathan starts preparing a strong defense for your case. He also will work diligently and aggressively to resolve your case quickly. Whether he talks to prosecutors during the complaint phase or argues during the preliminary hearing, Jonathan is working to resolve your case in your favor. He is not like other defense lawyers. Jonathan uses his experience as a former prosecutor to protect your freedom and legal rights. Jonathan knows what is at stake and he is going to work hard in an effort to get your charges dropped or dismissed.
Contact us for a free consultation at the Law Offices of Jonathan Franklin. We are available 24 hours a day, 7 days a week at 310-273-9600. We represent clients in Beverly Hills, Los Angeles County and throughout the Southern California area.
Our offices are located in the historic Courtyard Building, conveniently located on Canon Drive in the heart of Beverly Hills. Complimentary two-hour parking is available next door.
We accept Visa, MasterCard, American Express and Discover.
The importance of selecting an experienced Beverly Hills Criminal Attorney cannot be overstated. Your future may depend on your defense. The Law Offices of Jonathan Franklin will provide a strong defense designed to protect your rights and preserve your freedom.
Our offices are located in the historic Courtyard Building, conveniently located on Canon Drive in the heart of Beverly Hills. Complimentary two-hour parking is available next door.
For a free initial consultation with a Beverly Hills DUI Lawyer at the Law Offices of Jonathan Franklin, contact us at 310-273-9600. Our phones are answered 24 hours a day.
We accept Visa, MasterCard, American Express, and Discover.