West Covina Criminal Defense Lawyer

West Covina Criminal Defense Attorney

Criminal convictions can have implications beyond what you may expect. If found guilty of a crime, you may not only be facing time in jail but could also lose your job, custody of your children, your license, and more. For these reasons, it is vital to secure strong legal representation. A West Covina criminal defense lawyer can assess your case and design a unique defense strategy.

After being charged, it is crucial to find the right defense attorney. This one decision can have drastic effects on the outcome of your case, for better or worse. Therefore, it is important to understand the role of a criminal defense attorney and how they can assist you. Understanding this information can help you make informed decisions when searching for representation.

Inside and Outside of the Courtroom

While lawyers are often depicted as spending most of their time in the courtroom, they spend many long hours investigating, analyzing, and preparing before a case ever reaches trial. A defense attorney’s job begins around the same time their client is charged. They assess the evidence and claims of the prosecution and gather other relevant evidence that will benefit the claims of the defendant. This may include witness statements, forensic evidence, and more.

In addition to gathering evidence, a defense attorney is also responsible for legally advising their clients. This can be in regard to paperwork, plea bargains, negotiations, and other necessary legal processes. Their goal is to help their client in whatever way possible so that the defendant’s rights are protected and they are treated fairly.

Understanding the Criminal Justice Process in West Covina, CA

After being arrested or charged, it can be overwhelming to consider the long road ahead. There are many questions that need to be answered, such as how long it will be before you go to trial and what you need to do in the meantime. While each case may vary slightly, the general criminal justice process follows these principles:

• Investigation: This is the beginning stage at which prosecutors, investigators, and other relevant personnel become involved in order to determine the details of the crime and obtain initial evidence. For federal cases, this may be the point when agencies such as the FBI, DEA, ATF, and others get involved. For state-level cases, this is when a prosecutor would file a complaint detailing the crime and the individual being accused.
• Initial hearing: Also referred to as arraignment, this is the stage at which the defendant initially goes to court. They are formally charged and made aware of their rights. Arrangements for a defense attorney may also be made at this step, if necessary. The judge may also decide whether the defendant may await trial from jail or if they will be released.
• Discovery: This step, which is crucial in preparing for trial, is when both sides share the evidence and information they have. This can include scientific evidence, witnesses, expert witness statements, and more. Prosecutors share their evidence with the defense in order to give the defense adequate time to prepare.
• Plea bargaining: In some cases, the prosecution may offer a plea-bargaining option to the defendant. This gives the defendant the opportunity to forego trial by pleading guilty and receiving a lesser sentence. If the defendant pleads guilty at this point in the process, the next step is sentencing.
• Preliminary hearing: This step is not always required, but it can be helpful for the judge to determine whether the prosecution has adequate evidence to present at trial.
• Pre-trial motions: This is the last step that can be taken before a case goes to trial. It involves either side requesting a decision to be made by the judge before trial. Examples include motions to dismiss a charge if there is not enough evidence present or motions to suppress certain evidence if it was obtained illegally.
• Trial: If the defendant has chosen a jury trial, this is the stage at which jurors are selected. Trials can last for days or months, including opening statements, presentations by the prosecution and defense, closing arguments, and a deliberation and decision by the jury. The jury may declare the defendant guilty or not guilty. In other cases, they may declare a mistrial if they are unable to reach a decision.
• Post-trial motions: Post-trial motions will be unique to each case. In the event of a hung jury, a new trial may be requested. In rare cases, a motion for judgment of acquittal may also be requested, asking the court to allow the defendant to go free in spite of a jury’s guilty verdict.
• Sentencing: If the defendant is found guilty, they will be given a sentence. This outlines the penalties for the crime and how they will be paid. The sentence may include jail or prison time, fines, the loss of child custody, and, in extreme federal cases, even the death penalty.
• Appeals: If a defendant is found guilty, they are able to make one last effort to appeal the sentence. Appeals can be complicated to navigate, but a seasoned defense lawyer can walk their client through the process.

Not every case goes through each of these stages, but you can expect a similar flow of events. These steps may also vary depending on whether your charge is at the federal or state level. Your attorney can walk you through the specific steps you may need to take and prepare you for what to expect.

Types of Criminal Cases

The field of criminal defense covers a broad range of cases, including everything from minor infractions to serious felonies. Some examples of more common crimes include the following:

Infractions

• Speeding tickets
• Seatbelt tickets
• Noise level offenses
• Littering

Misdemeanors

• Reckless driving
• Driving while under the influence
• Shoplifting
• Some cases of domestic violence
• Driving with a suspended license

Felonies

• Murder
• Manslaughter
• Rape
• Kidnapping
• Sex crimes
• Assault with a deadly weapon

Regardless of the severity of your case, a defense attorney can be of great benefit in achieving the outcome you desire. They can defend and support you every step of the way, making the process much less complicated and stressful than it would be to tackle on your own. At Gibbons & Gibbons, we have significant experience with a wide variety of charges, meaning our attorneys are well-equipped to handle your case.

FAQs

What Are the Chances My Case Will Go to Trial?

In West Covina, the likelihood of your case going to trial depends on the details of your case and the choices you make. Oftentimes, a defendant is given the option to accept a plea bargain, in which the prosecutors present them with the chance to plead guilty and accept a less severe sentence. If you choose to accept a deal, you will not need to go to trial.

Do You Pay Your Lawyer Before or After Court?

Oftentimes, a lawyer will require some amount of payment before going to court, but that is not always the case. Each privately practicing lawyer has the freedom to decide how they choose to charge their clients and when they will charge them. When searching for the right lawyer, it is important to ask questions regarding their billing system. In many cases, you and your lawyer can put your payment agreement in writing and each sign the document to ensure fairness.

Will My Case Be Decided by a Judge or Jury?

In the United States, the defendant is given the ability to choose whether they would like their case to be determined by a judge or a jury. While everyone is guaranteed the right to a trial by jury, a defendant may request a bench trial, or trial by judge, if they wish. A lawyer who is familiar with your case can help you determine which route may be more beneficial for you.

What Are the Disadvantages of a Jury Trial?

One potential disadvantage of a jury trial is that jurors may be influenced by emotion, prejudice, or bias. Another risk of selecting a jury trial is a hung jury, which occurs when jurors are unable to agree on whether the defendant should be convicted. However, these risks are not always relevant—in fact, jury trials are considered preferable in many cases. Your attorney can advise you on whether a bench or jury trial will be more advantageous for you.

Gibbons & Gibbons: Your Criminal Defense Attorneys

It is vital to hire a lawyer with extensive experience handling cases similar to your own. At Gibbons & Gibbons, our top-tier defense attorneys are dedicated to defending our clients with passion and care. No matter where you are in the legal process, we are ready to fight for your rights.

Contact us today to learn more about criminal defense and how we can support you during this time. Defense cases can be time-sensitive, meaning the sooner you reach out, the better we may be able to help. Remember, you are innocent until proven guilty. Let us help you defend yourself and protect your freedoms.