what happens at a city attorney hearing in los angeles

The City Attorney hearing occurs when a criminal complaint has been filed against the defendant and the City Attorney has considered resolving the matter without a formal court case. The City Attorney sends a letter to the defendant requesting his or her presence at the hearing.

Full Answer

What happens at an office hearing?

Brief Synopsis: An office hearing is an informal meeting between the client, his defense counsel and a senior prosecutor to discuss the case facts, about how defendant accepts responsibility or ownership for his or her conduct and then, if the prosecutor seems satisfied with defendant's attitude, the case is not filed.

What is a attorney hearing?

The City Attorney hearing occurs when a criminal complaint has been filed against the defendant and the City Attorney has considered resolving the matter without a formal court case. The City Attorney sends a letter to the defendant requesting his or her presence at the hearing.

How long does the DA have to pick up a case in California?

In California, prosecutors have one year to file charges from the date DNA is used to establish a suspect.Nov 7, 2018

How long does the DA have to file charges in California?

Because defendants have a right to a speedy trial, the prosecutor must generally file charges within 48 hours of the arrest when the defendant is in custody (in jail). Weekends, court holidays, and mandatory court closure days do not count against the 48 hours.

What happens at a preliminary hearing California?

It is a special proceeding, held before a judge or magistrate, to determine if there is enough evidence to “hold you to answer” for a trial as to the charges. The prosecutor presents live witnesses and evidence, subject to cross-examination by the defense.

Can charges be dropped at an arraignment hearing?

It is rare for charges to get dismissed at an arraignment. Criminal charges generally do not get dismissed at an arraignment. While prosecutors can dismiss a charge if there is a compelling reason to do so (for instance if they learn that a defendant was wrongly charged), in practice, they rarely do this.Aug 27, 2021

What evidence do the police need to charge you?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.Oct 12, 2020

How can charges be dropped before court date?

How Criminal Charges Get DismissedProsecutors. After the police arrest you, the prosecutor charges you with a criminal offense. ... Judge. The judge can also dismiss the charges against you. ... Pretrial Diversion. ... Deferred Entry of Judgment. ... Suppression of Evidence. ... Legally Defective Arrest. ... Exculpatory Evidence.Jun 22, 2021

What is the minimum sentence for a felony in California?

Felonies are crimes that are punishable by up to three years in county jail, by a state prison sentence up to life (with or without possibility of parole) or by the death penalty.

How long do police investigations take?

Some straightforward investigations take just a matter of hours. If the police are investigating a complex serious fraud, for example, then it has been known to stretch to a number of years. In a murder investigation, the police will usually dedicate substantial resources which shorten the investigation period.

What happens when a criminal complaint is filed against you?

Usually in criminal cases, the police first arrest the suspect, defendant, and then file a report to the local prosecutor. Then, the prosecutor decides whether to formally process charges against the suspect, defendant. ... Sometimes, the complaint results in an arrest warrant.

How long does the district attorney have to file felony charges in California?

three yearsFor most misdemeanor crimes, the prosecution must file charges within one year from the date the offense was allegedly committed. If the crime is a felony, the prosecution generally has three years to file charges from the date the offense was allegedly committed.

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 during a preliminary hearing?

During the preliminary hearing, the prosecutor will present witnesses and evidence. The defendant would have an opportunity to cross-examine the prosecution’s witnesses and challenge the admissibility of evidence. The defense can call witnesses of its own and the defendant would have an opportunity to testify as well.

How long does a preliminary hearing take?

The preliminary hearing must take place within ten days of the defendant’s arraignment, however it is often in the defendant’s interest to waive this statutory time requirement to allow time for his or her attorney to obtain additional discovery material and prepare a defense.

What is preliminary hearing?

Preliminary Hearings. Whenever a defendant has been charged with a Los Angeles felony offense, the law requires that the Court conduct a preliminary hearing to determine whether there is probable cause to hold the defendant to answer to the criminal charges. This is a special proceeding and is like a “mini-trial.”.

Why is preliminary hearing important?

Even in cases where the defendant is held to answer, the preliminary hearing can be extremely important to his or her case. The defendant’s attorney may be able to expose crucial problems with the prosecutor’s case during the preliminary hearing and would get a chance to thoroughly cross-examine the People’s witnesses.

Why would the prosecution dismiss a felony charge?

In many cases, the prosecution would dismiss the charge because it is unable to move forward. If you or a loved one have been charged with a felony offense, it is absolutely critical that you discuss your case with a Los Angeles Criminal Defense Lawyer as soon as possible.

What is the burden of proof in a criminal trial?

The prosecution’s burden of proof is much lower than it is during trial. During a criminal trial, a prosecutor must prove a defendant’s guilt beyond a reasonable doubt. However, the preliminary hearing only requires a showing that there is sufficient probable cause to believe that the crime charged was committed and that there is probable cause ...

Where is Michael Kraut?

For more information about Los Angeles preliminary hearings, and to schedule your free consultation, contact Los Angeles Criminal Defense Lawyer Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

What happens at a city attorney's office hearing?

The result of City Attorney office hearing is almost always the dismissal or rejection of the case for formal filing. Some hearing officers, particularly in domestic violence cases, will require the defendant to show good faith by completing anger management, counseling, or some other requirement such as community service.

What happens if you are charged with a minor offense in California?

if you were charged with a minor offense in California, there are options to avoid formal prosecution. Many people who have been charged with a crime have never been in trouble before and have little to no experience with the criminal case process .

What are some alternatives to formal prosecution?

Luckily, there are other alternatives to formal prosecution which may be imposed in an appropriate case. These alternatives are often known as diversion programs and typically allow the defendant to earn a dismissal of the charges by completing certain obligations. This article discusses these prefiling diversionary outcomes in lieu ...

What is a prefiling diversion?

Prefiling diversion is an excellent outcome for many defendants who would otherwise face formal criminal charges which, even if they eventually result in acquittal, will always be on the defendant's record. By completing relatively minor requirements, a dismissal can be secured which keeps the defendant's record clean.

What is the AAPS code for marijuana?

simple possession of marijuana under Health and Safety Code 11357 . If the case is approved by the City Attorney, they will contact defendant to let them know they have the AAPS option rather than court. At this point, the defendant is responsible for making arrangements and completing the program.

What is diversion of charges in California?

Under California law, the diversion of charges before a formal filing has the added benefit of rendering the defendant's arrest merely a detention for California state law purposes.

Can you be charged with a minor crime in California?

Fortunately, for many first-time offenders or someone charged with a minor crime, there are options to avoid formal prosecution for a California criminal case. It's always a stressful experience for someone to be charged with a crime, but there are some opportunities to avoid the harsh consequences of a criminal conviction.