A criminal conviction can have lifelong consequences in California, but hiring a criminal defense lawyer can increase your chances of an aggressive defense. In California, the “Three Strikes” law can have a significant impact on a criminal case, and criminal defense lawyers can help identify facts, and protect your rights.
California’s Three Strikes Law
The California Three Strikes law is a punishment scheme where a criminal with three or more felonies is sentenced to 25 years in prison. The law was enacted in 1994 as a way to reduce violent recidivist offenders in California.
To date, 25,000 Californians have faced the brunt of this law by facing 25 years in prison for committing more than three felonies.
Although the law is in effect to this day, some changes have been made to it. Even if you’re charged with a single crime, it is important to have a reputable and experienced criminal defense attorney by your side.
A criminal defense lawyer can help with the following criminal processes in California:
- Arrest and Bail: After an arrest, the defendant is set to face the judge, who will set bail. However, a judge can also refuse the bail, in which case you need to have already retained the services of a criminal defense attorney to address the bail issue. An attorney can also negotiate on your behalf to reduce the bail amount.
- Arraignment: This is when the defendant must appear before a judge to listen to the charges against them. After listening to all the charges, the defendant has the choice of either pleading guilty or not guilty. An attorney can help prepare you for this process and can even drop the bail completely if it is your first time.
- Pre-trial conference: This is a meeting between the defense and the prosecutor where the defense can negotiate reduced charges or discuss the terms of a plea bargain. If during this time, the defense and prosecutor reach an agreement, the case will not proceed to court.
- Preliminary hearing: Unlike pre-trial conferences that are for misdemeanors, preliminary hearings are held for cases involving felony crimes. It is a critical stage in the criminal process as the judge will listen to witnesses and your attorney, and examine the evidence to decide whether to take the case to trial. An experienced trial criminal defense attorney can aggressively cross-examine witnesses to strengthen the defendant’s case. They can also negotiate with the judge to change the felony to a misdemeanor.
- Trial and Verdict: If there is substantial evidence available and the defense and prosecutor have not come to an agreement, the case can go to trial. If the jury believes the defendant is guilty, the next stage of the criminal process is sentencing. If the jury believes the defendant is not guilty, the defendant is free to go. Your attorney can put up a strong defense in your favor to convince the jury.
Having a criminal defense lawyer can mean the difference between freedom and serving most of your life behind bars. It is crucial that you do not waste time and immediately reach out to a qualified criminal defense lawyer after getting arrested.
