Posts Tagged ‘criminal’

After an individual is arrested for allegedly committing a crime, certain legal proceedings will take place. Although the presence of an attorney is not required, it is in your best interest to obtain the assistance of a knowledgeable criminal attorney who will properly represent you and answer any questions you may have. If you or a loved one has been arrested, don’t take a chance. Contact Irvine criminal lawyer Staycie Sena for to see what she can do for you.

Initially, the individual will be booked by the police and placed in a holding cell until his initial court appearance. The initial appearance will be the first proceeding in front of a judge. During this appearance, the judge informs him of his rights and assesses his case to determine whether there is probable cause for the initial arrest and holding.

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“You have the right to remain silent.” This fact of arrest is so commonly known it is almost cliché. However, other aspects of arrest and detention are not so well understood. If you are arrested, there are specific issues you need to keep in mind.

Once you have been taken into custody, you will be fingerprinted. This is not an option, and while you will not likely be wrestled to the ground or forced into submission to this or other tests, your refusal will not reflect well on you later. (In fact, your lack of cooperation could even be used against you.) You may also be asked to provide handwriting and voice samples, and your property may be searched. Keep in mind that at this point, the police are trying to determine as many of the facts of the case as possible.

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Family and friends of criminal defendants facing a lengthy incarceration in the Orange County jail have found some relief when told that an inmate is likely to only serve 50% of his sentence, with good time and/or work time credits. Someone sentenced to 180 days in jail would only serve an actual 90 days, thanks to emergency legislation earlier this year aimed at combating jail and prison overcrowding. That legislation has, however, come to an end.

On September 29, 2010, Governor Schwarzenegger legislation, effective immediately, which returned credit calculation to the previous system of 2/3 credits. If the crime discussed above were committed after September 29, 2010, the defendant would now serve 120 days of the 180 sentence, with good time/work time credits. Crimes committed before that date (but after the original legislation, reducing the credits) are still subject to 50% credits.

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Restitution has been an issue in two cases this week. Briefly, when one person is convicted of committing a crime against another, he is liable for “restitution” or payment for the damages caused by that crime. In a theft case, this means he must repay what he is accused of stealing and any affiliated costs, like replacement goods. In an assault and battery case, he must pay for doctors bills. In a hit and run, he must pay for damages to the other car.

In the Orange County criminal courts, especially the Harbor Justice Center, restitution is handled in one of two ways. It is either spelled out as an exact dollar amount at the time of the plea bargain or “to be determined”. When restitution is “to be determined”, the criminal case file is handed over to the Orange County criminal court’s Victim Witness office, which then contacts the victim and asks them to list the damages that they suffered.

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