Drug Defense Lawyer in Los Angeles

The arraignment is your first court appearance. Several preliminary matters are taken care of at the arraignment. You are informed of your rights and the charges against you. Additionally, you will be given the chance to enter a plea – guilty, not guilty, or nolo contendere. Your attorney will advise you of the best option. At this stage, the judge will also set the terms of bail.

In some cases involving simple possession, you may be eligible for a pre-trial diversion program under California Penal Code 1000. This would allow you to plead not guilty and enter a drug treatment program. When you complete the program, your charges would be dismissed. Your attorney can discuss this option with you.

If a diversion program is not an option, your case will move into pre-trial proceedings. Both parties will file motions and waivers, such as motions to have certain evidence suppressed. Both sides will also review all evidence during the discovery phase. At this stage, your drug defense lawyer will have a good understanding of your chances at trial. Your attorney can advise you on whether to move forward or negotiate a deal in exchange for a lighter sentence – an arrangement known as a plea bargain.

There are two kinds of trials in California: bench trials and jury trials. When most people imagine a criminal trial, they think of a jury trial where the defendant is judged by a group of peers. In a bench trial, there’s no jury in the traditional sense. Rather, sole power for deciding the defendant’s fate rests with the judge. If your case goes to trial, you will receive a verdict at the conclusion.

If you are found guilty, you will learn of your punishment – prison time, fines, etc. – at sentencing. The prosecution may seek a harsher sentence by presenting evidence of the crime’s consequences, such as victim impact statements. Your attorney may try to convince the judge that you are worthy of leniency, submitting evidence that you play a positive role in your community, etc.