what happens after.meeting with district attorney

After discussing the case, the district attorney will extend a plea offer. What happens if I don’t accept the plea offer? If you refuse the offer by the district attorney you will have a preliminary hearing.

Full Answer

What should the victim do at the meeting with the district attorney?

Jan 22, 2022 · Posted on January 22, 2022. Defendants are advised not to speak with prosecutors. There is no specific rule that prohibits a defendant in a criminal case from speaking directly with the district attorney in an attempt to negotiate a resolution of the charges. However, most jurisdictions have ethics rules that say prosecutors cannot speak directly with defendants …

Why does the district attorney let a case get to this point?

Stay in communication with the attorney throughout the case. Once police complete their investigation and send their report to the District Attorney's Office, many women wait passively to hear from the DA assigned to their case. Sometimes weeks go by without communication only because women aren't quite sure how it's all supposed to work.

Can a district attorney refuse to prosecute a case?

Our attorney contacted the investigating officer and district attorney shortly after the arrest. No charges were filed after a hearing with the Office of the District Attorney. Our client was arrested after he was called to his son's apartment due to a domestic dispute. While speaking with his daughter-in-law, the police arrived.

What happens after the district attorney files charges?

Sep 14, 2012 · The California criminal defense attorneys at Wallin & Klarich count with over 40 years of experience defending clients facing all types of criminal charges. If you or a loved one has been accused of a crime in California, please call Wallin & Klarich today at 888-749-0034 to receive our immediate assistance. We’ll be there when you call.

What are the seven steps of a criminal case?

Investigation.Charging.Initial Hearing/Arraignment.Discovery.Plea Bargaining.Preliminary Hearing.Pre-Trial Motions.Trial.More items...

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

Why would a DA call me?

The DA is required to call you under the Victim Bill of Rights because this is a domestic violence case. They could get in trouble if they did not do so. They have to send you a victim impact statement, get your position on the case, find out...

How can charges be dropped before court date?

There are ways to have charges against an accused or defendant dropped even before the trial date. The typical action is to file a motion to dismiss. The defendant's lawyer can invoke various reasons for a motion to dismiss.Feb 2, 2022

How do you get a prosecutor to drop charges?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021

What does district attorney do?

A district attorney is a public official who is appointed or elected to represent the state in criminal judicial proceedings in a particular judicial district or county; an appointed or elected officer who prosecutes cases in a particular judicial district.

Why would an attorney randomly call me?

“If an attorney calls you, they probably got the information improperly from the police or hospital,” Watters said. “There are a lot of payoffs in this field and if a lawyer is willing to pay for information to get a client, that is a sign right there that the person is probably unethical.”

Why does a prosecutor want to talk to me?

The most obvious reason to interview with law enforcement is that the defendant wants some sort of deal. Whether that is a plea bargain, immunity, or even not being charged, the defendant is hoping to show the prosecutor that they are either innocent or have some important information to offer.Feb 9, 2021

How long does it take for a suspect to be released from jail?

If this arraignment doesn't happen within 48 hours of arrest, then the jail must set the suspect free. This means that if the suspect is in custody, the DA must review the police report and decide which, if any, charges to file well within the 48 hour period, or the suspect will be set free.

What is the preponderance of evidence standard?

Family court operates on the 'preponderance of evidence standard', sometimes called the 'more likely than not' standard. So, if the defendant has been charged with domestic violence in the criminal system, that is usually sufficient for the family court to hold that the defendant is a perpetrator of domestic violence.

Is domestic violence a felony?

The case is charged as one count misdemeanor domestic violence. It should be charged as one count felony brandishing a weapon, one count misdemeanor domestic violence, and a felony threat to kill. Many times it is just that easy to see that the case is undercharged. Other times it takes more knowledge and experience.

Representing You At California Office Hearings

City attorney hearing: A city attorney hearing is sometimes held as an alternative to courtroom prosecution for misdemeanor crimes. Typically, the city attorney hearing involves only a hearing officer, individual accused of a crime, and the accused's attorney (if he or she has an attorney).

Questions? Contact Our Beverly Hills Law Office

Do you want to talk to one of our lawyers about your options in regard to office hearings? Just call us at 310-557-0007 .

What happens if a case is rejected?

If the case is actually rejected, one must obtain a letter from the district attorney’s office stating this. If, however, there has just been a delay in filing, the district attorney’s office may still file charges at a later time.

What is a Serna motion?

If the district attorney files the case beyond the applicable statute of limitations, the defendant can file what is known as a Serna Motion. Generally, the defendant must show that he or she has been prejudiced by the delay. Prejudice is presumed when the prosecution delays more than the statute of limitations period.

What is the purpose of preliminary hearing?

The purpose of the preliminary hearing is to determine if the prosecutor (the district attorney) has sufficient evidence for the court to hold the defendant for trial. The key difference for the victim in a felony prosecution is that the victim usually always has to testify at the preliminary hearing.

Do felony cases go to trial?

However, even when felony prosecutions don't go to trial, they are almost always scheduled early on with a preliminary hearing. And victims almost always have to testify at preliminary hearings. There are sometimes special exceptions in the cases of child victims, and rare exceptions for adult victims.

How long do you have to file a misdemeanor charge?

If charged as a misdemeanor, prosecutors have up to 1 year from the date of incident to file charges. Penal Code §802 (a). If charged as a felony prosecutors have up to 3 years from the date of incident to decide whether to file charges. Penal Code §801.

How long do you have to wait to get your charges expunged?

However, if you don’t get an answer in writing, you may have to wait anywhere from 1 to 6 years to see if the prosecution will file charges against you. It is premature to expunge your matter; expungement cannot occur until after you have been convicted and complete probation. Penal Code §1203.4 (a) (1). But,if you would prefer not ...

What does it mean when a case is rejected?

Answer: When a case is rejected, it means that the prosecutor does not feel that there is enough evidence, at the moment, to warrant filing criminal charges against you. This does not necessarily mean, however, that you are off the hook.

Can a prosecutor reject a case?

A prosecutor can reject a case and instruct the police to investigate further in hopes of strengthening the evidence against you. Or a prosecutor can reject a case outright and terminate further police investigation.

Why is it important to have a meeting with a lawyer?

It is also essential to focusing your meeting with a lawyer so that he or she can give you accurate and relevant advice regarding your claim or legal matter.

Why is it important to meet with an attorney?

Your first meeting with an attorney is an opportunity to share your story and obtain a powerful tool–legal representation . While it is important to tell your story , it is also important to get comfortable with each other.

How do clients pay attorneys?

There are two ways that clients pay attorneys. The first way is called a “retainer,” where the client pays the attorney in advance for his or her legal services, and when the lawyer has worked for the full amount of the retainer, the client pays the attorney at their hourly rate. Retainers are most common in cases that don’t involve claims for money–usually criminal defense, divorce, and bankruptcy claims.

James Lawrence Yeargan Jr

You can certainly try. They may not want to speak with you, but there's nothing preventing you from speaking with them. Keep in mind nothing is off the record. Anything you say to them can, and will, be used against you.

John Arnold Steakley

There is no "off the record" for you. You're the defendant. They are law enforcement. They will be happy to talk to you, and it will be an interrogation.#N#http://www.steakleylawfirm.com/index.php/blogs/criminal-defense-blog/entry/don-t-talk-to-the-police

R. Jason de Groot

Absolutely not. This is a horrible idea, from a criminal defense attorney's standpoint. Get counsel, or at least set up some free consultations with private criminal defense attorneys in your area.