Los Angeles Drug Crimes Lawyer

The Criminal Process

Any felony or misdemeanor drug crime arrest may involve a lengthy and complex criminal court process. Early involvement by an experienced and aggressive Los Angeles drug crime defense attorney, such as Robert Bernstein, can help ensure that this process goes smoothly and that the defendant’s rights are not violated – and that justice is fairly served.

Arrest:
The criminal process begins with an arrest. When law enforcement has probable cause to believe that an individual has committed a drug offense of some sort, such as drug possession or distribution, they will make an arrest.

Charges:
Law enforcement does not file charges against a person. This is the job of the prosecuting attorney, who will review the evidence and information that law enforcement provides in order to determine whether to press charges, and what these drug crime charges will entail. If the prosecuting attorney decides to press charges, he/she will file a complaint with the court.

Arraignment / Bail:
The arraignment is the first court appearance by a defendant facing drug charges in Los Angeles. At the arraignment, the defendant will be read his/her constitutional rights and will be advised of the charges he/she faces. At this time, bail may also be set. (If the defendant has already retained a Los Angeles drug crimes defense lawyer, the lawyer may be able to secure a release on the defendant’s own recognizance, meaning no bail is due.)

Preliminary Hearing:
A preliminary hearing will be conducted for a felony drug crime offense. At this hearing, a judge will review the evidence and determine if there is in fact enough proof to indicate that the defendant should face charges. If the judge determines there is probable cause, he/she will send the case to Superior Court.

Superior Court Arraignment:
After a preliminary hearing, an arraignment at Superior Court will occur. This is similar to the original arraignment and will involve the defendant hearing his/her constitutional rights and the charges he/she faces. The defendant may also enter a plea of guilty, not guilty or no contest at this time. (The defendant’s defense lawyer can advise him/her as to what plea to enter – usually not guilty is recommended, but it will depend upon the particular case.)

Pre-Trial Conference:
A pre-trial conference is held, usually between the defense attorney and prosecuting attorney, with the judge often present. This gives the defense attorney the opportunity to continue dialogue or negotiations with the prosecution in order to help obtain a favorable result for the drug crime case. A plea bargain, should this be the right option for the defendant’s particular case, may be discussed at a pre-trial conference.

Trial:
If no agreement or plea bargain is reached at the pre-trial conference, the trial will begin. During the trial, 12 jurors will hear evidence, witness testimony and opening and closing statements by both the prosecution and the defense. After specific instructions from the judge, the jury will deliberate and reach a verdict regarding the defendant’s guilt or innocence.

Should the jury find the defendant to be guilty, the judge will then determine and impose sentencing.

Appeal:
Even after a guilty verdict, a defendant’s lawyer may file an appeal with allegations that an error was made or that the defendant was denied a fair trial – in order to pursue a reversal of charges or a lesser sentence.

Expungement:
An attorney may also petition for expungement, in order to have the defendant’s conviction removed from his/her criminal record. This is not an option in all cases, and thus it is important to discuss this with an experienced attorney to see if you may qualify.

Los Angeles Drug Crime Defense Attorney

In order to reach the best outcome possible for your particular Los Angeles drug crime case, it is important to have a skilled Los Angeles drug crime defense attorney at your side through the entire criminal process.

Contact Los Angeles drug crimes lawyer Robert M. Bernstein today!