What Happens in a Criminal Case?

Other Criminal

Arraignment: When the District Attorney charges you with a crime, he files a complaint with the court. When you appear in court for the first time to face the charges, it’s called an “arraignment.” At this time all that happens is that you enter a “not guilty” plea and the court sets dates for hearing the case.

This is a vital moment in the case. If the DA has failed to state a cause of action, a good lawyer can file a demurrer to have the case dismissed. Therefore, you should never go to an arraignment alone. M.C. Bruce can review with you the charges against you and determine whether any motions need to be made at arraignment.

Bail/OR Hearing: Set two days after the arraignment, this is the chance for the defense to convince the judge to either set or reduce bail or even to release the client on his own recognizance (OR).

You want a lawyer who is familiar with both the judges and the rules to argue effectively for OR or lowered bail. Many lawyers don’t prepare for this hearing and “wing it.” M.C. Bruce will talk to you and your family and employers to see what can be done to show the judge that you’re a good risk for an OR.

Pre-Trial: This is an informal court date where the prosecutor will make an offer to settle the case before trial. In Humboldt, the prosecutor will usually only offer to have you plead to a specific count of the complaint and let the judge sentence you. In some felonies, however, there may be offers of specific prison time; or the DA may offer to agree to probation.

You want to have a good lawyer with you, not only to negotiate with the DA and point out flaws in the prosecution’s case, but also to explain to you what the DA’s offer will mean to your future. M.C. Bruce is well known and respected in the legal community, so when he calls the Deputy DA handling your case, they know he is dealing straight with them and is a fair but aggressive advocate. This helps you get the best deal possible.

Preliminary Hearing: In a felony matter, the complaint must be tested in front of a neutral person before it goes to trial. Usually, this is done before a judge in a preliminary hearing. At the prelim, the DA presents a limited version of the case. Sometimes this is a good chance to test the DA’s evidence and see how they’re going to proceed at trial.

M.C. Bruce can demonstrate, through cross examination, the flaws in the case so that a DA might offer a better deal at the next level. Also, the prelim gives you an idea of what you’ll be facing at trial so that you can decide how far you want to go.

Felony Arraignment: In a felony, if the judge “holds to answer” after prelim (meaning only that the judge thinks there’s enough evidence to go forward), then you go through another arraignment. Again, you will enter a “not guilty” plea and dates will be set.

Suppression Motions: Sometimes the evidence seized in your case was illegally obtained. For instance, if you were stopped for a traffic infraction and the police decided to search your car, the search may be illegal. If a court, after hearing the motion, decides the law has been violated, it can rule that the evidence cannot be used by the DA (“suppressed”). This often leads to a dismissal of the case.

M.C. Bruce has run hundreds of these motions and many times has won or otherwise obtained a good result for the client.

995 Motions: After the felony arraignment, sometimes the defense will file a “995 motion” alleging that there was not enough evidence at preliminary hearing to hold the client “to answer.” If the judge at the trial level agrees, the case can be dismissed.

M.C. Bruce has experience writing and arguing these motions, usually with good results for the client.

Jury Trial: This is where a jury of 12 persons (and 2 alternates) hears evidence on the case. The standard of proof at any criminal trial is “beyond a reasonable doubt.” If the jury does not think the prosecutor has proven the case beyond a reasonable doubt, they must acquit the client.

M.C. Bruce is well known for his ability to look deeply into the facts and see the truth where others are distracted. In many of his successful cases, he was the only lawyer handling the case who saw the flaws in the evidence.

Sentencing: Whether one pleads guilty or one is convicted after a jury trial, sentencing is always a separate hearing. At sentencing, the judge decides what should happen with the client due to the charges to which he/she has plead guilty. Factors such as prior record, severity of the crime, damages to the victim, and the client’s background, all must be considered by the judge.

M.C. Bruce takes sentencing seriously. Often, in a complex case, he will submit a written sentencing brief to the judge. He is one of the few lawyers in Humboldt County who takes the time to do this. M.C. Bruce has also conducted a number of sentencing hearings in his 20 years’ experience. Often, after such a hearing, the client will benefit due to M.C. Bruce’s work.

Appeal: If you lose the trial, or if there is a problem with the plea, you have a right to file an appeal. This means that the higher court in San Francisco will review the case and determine whether the law was correctly followed. M.C. Bruce will file your appeal but he does not, at this time, handle appeals.