California Criminal Law Overview

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The Criminal Law Process

Once a person is arrested and taken into custody in California, two options typically arise. If bail is set, the person arrested will be allowed to post bail or that person may be released on their “own recognizance” based upon a promise to appear in court at a designated date and time. The more serious the case, the more likely the nature of the charges will be reflected in a higher bail amount to obtain release.

In criminal cases, the burden is on the prosecution to establish the guilt of the accused “beyond a reasonable doubt.” When the good work and diligence of your attorney reveals the evidence may be weak and may not support the required level of proof, an opportunity to negotiate dismissal of the charges or a more balanced resolution of the case may exist. Such an opportunity may mean the difference between actual incarceration and access to diversion, counseling, treatment programs, or work service alternatives. Experienced counsel will be well-versed in the available options.

If efforts at a negotiated settlement prove fruitless, you have the consitutional right to a trial as a means of challenging the evidence against you. At trial, it is imperative that you are represented by an experienced trial attorney. The accuracy of the old saying that “a person who represents himself has a fool for a client” has been borne out time and again over the years. Prosecutors are highly trained attorneys with years of experience. Proceeding to trial without the assistance of an experienced advocate to protect your rights would not be a fair fight. 

When facing criminal charges, make sure that you’ve got a skilled professional in your corner, a person who will devote the requisite time and energy necessary to marshal the facts and develop your defense stategy, a person dedicated to providing the best possible defense and best result in your case.

Contact Mr. Shallberg at (831) 535-2363 or via Email.