Not every criminal arrest results in criminal charges. It is the decision of the prosecutor to determine whether to file criminal charges or not. This is regardless of how severe or minor your offense looks. With that said, you should never face the law on your own. Hire a criminal defense attorney San Diego you can depend on. At times, the actions of your criminal appeals lawyer can keep you from facing the wrath of the law.
To uphold their duty as the agents of the government, prosecutors are required to evaluate cases carefully before filing charges. There are many factors that influence the final decision of the prosecutor. As we reviewed earlier, your criminal defense attorney San Diego can help alleviate the offense or cause the prosecutor to dismiss the case. Your lawyer can do this by bring irrefutable facts to the table prior to the filing of the charges.
The prosecutor will answer the following questions before filing the charges:
- Is the evidence sufficient for all elements of this crime?
- Am I convinced the defendant is really guilty?
- Will the available evidence lead to conviction beyond reasonable doubt standards?
If the answer to all the above questions is yes, a criminal defense attorney San Diego can fight to alleviate the decision of the court.
How long after arrest will the charges be filed?
If a suspect is in custody, speedy trial is required. The prosecutor should file or dismiss charges within 72 hours. You may also be charged much sooner especially if there is solid evidence against you. Even so, it is important to note that the decision made by the prosecutor is not final. After the preliminary hearing or when your criminal defense attorney San Diego makes the court aware of new facts, the prosecutor may change his decision. If your case is a complex one, you will be charged only after the preliminary hearing.
How long will the case take?
The duration of a criminal case varies. It depends mostly on the severity of the offense. For example, DUI cases can be resolved one month after arrest whereas felony trials can go on for more than 12 months.
Speedy trial rights
Speedy trials are required. After the criminal charges have been filed, you as the defendant can as for things to move more quickly through your criminal defense attorney San Diego. Delays can only be tolerated if there is a good cause. If there is no good reason for delays, the judge can simply dismiss all the charges.
If you are facing criminal charges, you will need to consult a dependable criminal defense attorney San Diego. He will help get all the necessary documents ready, give you answers to various questions such as how long it will take for the case to be resolved as well as show you how to behave during the proceedings. A good criminal appeals lawyer will protect your rights and advise you on the right course of action.