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Advanced Criminal Law & Legal Proceedings In California

Posted by Raoul Severo | Apr 05, 2020 | 0 Comments

What is Advanced Criminal Law?

The term Advanced Criminal Law refers to the investigation of specific topics attached with relevant psychological components in crimes or offenses. Such investigation goes hand in hand with a cutting edge psychological examination to protect the mental state of the individual. The topics are subdued under a complete analysis in order to reflect their role in the crime or offense that they are taking part of, and use these results to properly address the criminal case under the government state system of American criminal laws.

Criminal law and criminal equity are matters hardly to talk about separately in the justice system, where enormous efforts are taking place to assure that sentences, deals and verdicts are applied impartially regardless race, social status or religion tendencies.

Advanced Criminal Legal Proceedings / Criminal Litigation Stages in Los Angeles California

Every criminal case is divided in several criminal litigation stages on which each one of them is treated with specific advanced criminal legal proceedings. The stages of criminal proceeding of any criminal case in Los Angeles California are mentioned as follows:

Arrest

Arrests are the starting point for criminal cases. They can be made after a variety of circumstances when police are called. In some cases police are required to make arrest warrants.

Bail

After an arrest has been made a judge may grant bail. Bail is an amount of money set to allow the defendant to be freed from jail before the trail. The amount is based on many factors including the severity of the crime and the likelihood that the defendant will return for trial. If the alleged crime is extremely severe then the judge may order a person to be held without bail. In other cases, if the offense is minor and/or the defendant holds no prior charges the judge may let said defendant go without bail until the hearing.

Arraignment

The first court appearance is known as an arraignment. At this court gathering the defendant is read the alleged charges against him/her by the judge. At the arraignment the defendant is often given the chance to give his/her plea. The plea could be “guilty,” “not guilty,” or “no contest.” The arraignment is also an opportunity for the judge to determine the future of the proceedings.

Indictment or Grand Jury Proceedings

Evidence may be presented in a variety of ways. Federal charges are always brought as an indictment while other information may just be presented as a complaint. If a case is brought to a grand jury only the state may present evidence. In a preliminary hearing a defendant may present evidence to help his/her case and challenge the prosecution.

Preliminary Hearings and Pretrial Motions

Before trials most criminal cases are given a period of time to prepare their argument. During this time it is possible for the prosecution and defendant to negotiate a plea deal. During this time each side is also allowed to present motions to discard certain pieces of evidence. Said evidence could be determined inadmissible based on the exclusionary rule.

Trial

In federal criminal cases and many state cases defendants are given the right to a trial by a jury. They are also given the option to decline the jury trial and have a bench trial where the judge will decide the outcome. The state is given the opportunity to present its case first, followed by the defendant. At the end of the trial the jury gathers and decides whether the defendant is “guilty” or “not guilty.” If the jury cannot agree on a verdict unanimously then the case is determined a “mistrial.” If a mistrial is issued then the state may be able to retry the case with a new jury.

Sentencing

If the defendant is found guilty then the court is responsible for determining the punishment. State courts and federal courts often consider minimum and maximum sentencing guidelines. In some cases a separate sentencing hearing may be held where the federal or state courts present evidence to support a harsher sentence. A defendant may also plea for leniency in one of these hearings by presenting evidence of mitigating factors.

Appeal

After sentencing a defendant may request an appeal or a second look at his/her case by the appellate court. The appeal must highlight clear discrepancies from the original case in order to be heard. The appellate court can agree with the original sentence, overturn it, or recommend a new trial.

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