Most criminal charges start with an arrest. When the police arrest a private citizen, they're required to read that person their rights: the 'Miranda rights' made famous by TV and movies, including the right to an attorney. If you are arrested, be sure to contact a lawyer as soon as possible to safeguard your rights. In the meantime, exercise your right to remain silent.
After an Arrest
After an arrest, the police are required to compile an arrest report. This paperwork includes information on the person arrested, the circumstances, the location and time, and the contact information of witnesses (if there are any). This report is then submitted to a prosecutor, whose job is to review the information and decide whether to issue criminal charges.
Prosecutors in California are required to file their charges within 48 hours of the arrest. In the State of California, the San Jose defense law office of Daniel Jensen can help you in the event of an arrest. To discuss your case, contact him today.
Issuing Charges
The prosecutor is able to decide what crimes to charge the defendant with: either those listed by the police in the report, or similar charges of greater or lesser severity. Misdemeanor charges, which are less serious than felonies, can be sent directly to the trial court. If the prosecutor decides to issue felony charges, the case must be brought before a grand jury.
A grand jury, much like a typical criminal jury (a 'petit jury'), is composed of randomly-selected citizens. Citizens called to a grand jury are often required to serve up to 18 months at a time, hearing cases brought to them by the prosecutor.
In some cases, the grand jury step is foregone in favor of giving the defendant a preliminary hearing. This hearing is designed to show the defendant that the state has enough information to bring a case against them.
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