Orange County Criminal Defense Attorney

Orange County Felony Case Processing

Felonies are crimes punishable by state prison or death. Common examples of felony crimes are murder, possession of dangerous drugs for sale, robbery and rape.

After an arrest is made, the Police transport him or her to jail for booking. Usually after several hours, the accused may either be released on his or her own recognizance, or remain in custody until arraignment.

The arraignment is the defendant's first Court appearance in which the accused is informed of the charges, advised of his or her constitutional rights, given the opportunity to obtain a Criminal Defense Attorney, enter a plea of not guilty, and be given the opportunity to post bail.

The next series of court appearances are felony settlement conferences. At the felony settlement conferences, there is an exchange of information between the prosecution and the Criminal Defense Lawyer known as discovery. Pretrial motions may also be filed before preliminary hearing. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. The defendant may at this point change his or her plea to guilty or no contest in exchange for a plea bargain offered by the prosecution.

A preliminary hearing is a probable cause hearing to determine if there is sufficient evidence that the defendant committed the crime and should therefore be "held over" for trial. The accused is entitled to a preliminary hearing within 10 court days or 60 calendar days of his or her arraignment.

If the accused is "held to answer," the prosecuting agency files a document called the Information. The accused will subsequently be arraigned on the Information at which time he or she will enter a plea of not guilty and proceed to trial. The Information must be filed within 15 days of the date the defendant was "held to answer" at the preliminary hearing.

A person accused of a felony offense is also entitled to a jury trial. Section 1382 of the Penal Code specifies that the trial must begin within 60 days of the arraignment on the Information, unless the defendant enters a general waiver of the statutory time.

The trial begins by selecting a jury. Each side is given an opportunity to ask the jury questions to determine their fitness to be jurors. After a jury is selected, opening statements will be given. Witnesses will testify and evidence will be presented first by the government and then by the accused. Then closing arguments will be given in reverse order.

At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty beyond a reasonable doubt. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may waive time and be sentenced immediately.

Orange County Felony Criminal Appeals

The defendant may appeal a felony conviction to the California Court of Appeals. A Notice of Appeal must be filed within 60 days of judgment or order. Because of the strict time and technical requirements for criminal appeals, it is very important to contact Orange County Criminal Defense Lawyer Scott D. Hughes immediately if you would like to appeal your criminal conviction. 

An expungement is a process by which a conviction or plea (of Guilty or No Contest) in a criminal action is set aside and the case is dismissed. It relieves a person of certain penalties and disabilities that result from a criminal action. Orange County Criminal Defense Lawyer Scott D. Hughes will file an expungement petition after you have fulfilled all terms of probation, or have been discharged from the original term of probation, or have not been placed on probation and when all of your sentence terms have been completed.

If you were convicted of a felony, Criminal Defense Attorney Scott D. Hughes will first petition the Court to reduce your felony to a misdemeanor before you can be eligible for an expungement pursuant to California Penal Code Section 17(b).

If you are still on probation, Criminal Defense Lawyer Scott D. Hughes must first file a motion to terminate your probation early before we can petition for either a reduction to a misdemeanor and/or expungement. Filing fees are assessed by the Court for these petitions. Contact the Criminal Defense Lawyers at the Law Offices of Scott D. Hughes to determine your eligibility for any of these petitions.

Serving All of Orange County and Beyond

Criminal Defense lawyer Scott D. Hughes provides representation to individuals in the following cities:

Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda.

Additionally, the Law Offices of Scott D. Hughes represents individuals in Los Angeles, Riversideand San Bernardino Counties.

Call us immediately to make an appointment with an experienced Orange County Criminal Defense Attorney for your free consultation at (714) 987-2671 or use our contact form. 

For more information about our criminal law practice, please visit our Newport Beach criminal defense website.