DETENTION VS. ARREST
The services of a Santa Barbara criminal defense attorney are available to you. However, before they can make an arrest, which is when the criminal procedure begins, they must have reasonable suspicion that illegal behavior is taking place. If they unlawfully arrest someone — search them, grab evidence — and then claim that the warrantless were unlawful, the defense counsel can assert that the search and seizure were illegal. If this were the case, any evidence gathered illegally cannot be utilized against the client.
As a result, there is a continual conflict between detention and arrest because a specific process must be followed to result in an arrest. For example, if the police take control of the individual and begin questioning them, the Miranda right may be invoked by the police.
That is one of the most important battles to fight when someone is detained or arrested, and a criminal defense attorney has checked into that. Following an arrest, the suspect will be brought to a community police station. They will be detained there until the time of arraignment and the filing of charges by the prosecutor.
COURT ARRAIGNMENT AND PLEA
The next step in a criminal case is filing the claim by the prosecution, followed by your appearance in court, where the Judge will set bail. Then, finally, there is the arraignment, where you submit either a not-guilty, a guilty plea, or a no-contest plea, depending on your situation. Occasionally, the trial is postponed so that the defense attorney can gather additional information and determine how to proceed with the case moving forward.
Once a not-guilty plea is made, the matter will be transferred to a preliminary hearing court if it is a felony or to a district court if it is a minor, depending on the nature of the offense. If it is determined to be a misdemeanor, it will be submitted to a trial court. The motion phase will begin at that point, and both the defense and the prosecution will be able to file motions.
Each case will be different, and you will not file identical petitions in each case. It all depends on what is at stake and whether or not a motion is appropriate in the situation. Based on these reasons, you must meet with your attorney. Provide him with all the facts. Then, go over the discovery in the case, and decide on the next course of action after you have presented him with the information.
WHAT WILL IT TAKE TO WIN YOUR CASE?
This is a question that must be on the thoughts of most individuals as they begin the challenging work of figuring out what to do after being arrested for a crime. Some may argue that you should not be concerned with winning your case but rather surviving it! Although I believe that winning depends on how you define "win" about what you did or did not do that resulted in your arrest.