THE CRIMINAL JUSTICE SYSTEM IN THE STATE OF CALIFORNIA – OVERVIEW AND INTRODUCTION

The following is an overview of the criminal justice system in California. At Wallin & Klarich, we have been defending people accused of crimes for over 30 years. We have learned that the greatest fear people have about the criminal justice system is the unknown. We hope that the following information will help you understand how the system works so you can make an informed decision on how you will defend your case.

PRE-FILING INVESTIGATION

Prior to an arrest and prior to the prosecutor filing a formal charge against you, there will likely be an investigation by a police agency. It is important to retain an experienced criminal defense law firm to represent you if you know or suspect that you are being charged with a crime. Oftentimes, a private attorney can talk to the police and the prosecutor and try to influence their decision making process on the case. The attorney can possibly convince the prosecutor to reject the case completely and thus no formal charges will be filed against you.

In the alternative, the attorney may be able to convince the prosecutor to file the charge as a misdemeanor as opposed to a felony. In addition, your attorney can seek a bail reduction or even get you released on your own personal promise to appear (release on own recognizance). This could save you thousands of dollars in bail bond fees. You would also likely avoid the embarrassment of being arrested at your work in front of your co-workers, or at home in front of your family and neighbors.  There are many things an experienced criminal defense attorney can do to help you prior to any charges being filed.

Another critical reason to retain a law firm when you first learn that you are under investigation in a criminal case is so your criminal defense law firm can speak to law enforcement on your behalf. It is almost ALWAYS a major error in judgment to speak to law enforcement. In most cases, the police will attempt to speak to you via phone or at your home. If they do this, they do not have to read you your Miranda rights and anything you tell them can be used against you in a court of law. In most cases the police will not tape the initial conversation with you. When clients obtain a copy of the police report they often tell us, “I never said that.” However, it is too late, and the police will testify that in fact you did tell them what is in the police report. This is why we strongly urge our clients never to make the mistake of speaking to law enforcement. The wise thing to do is to immediately contact our law firm to assist you. We can speak to law enforcement on your behalf to avoid you having any direct contact with the police.

If you or someone you know has been accused of a crime, you will need an experienced criminal defense attorney who will guide you through the criminal process and aggressively defend you at each step.  At Wallin & Klarich, we have over 30 years experience helping people who have been accused of crimes.  Feel free to contact us at (888) 280-6839. We will be there when you call.