2220 Douglas Blvd., Ste. 180
Roseville, CA 95661
Tel: (916) 791-8850
Fax: (916) 791-1454
Email: inquiries@reevesandlynch.com
At the Law Office of Reeves & Lynch in Roseville, California, we offer skilled and experienced criminal defense and legal representation on personal injury cases. We serve clients in cities such as Sacramento, Rocklin, Roseville, Granite Bay, Lincoln, Loomis, Woodland, Placerville, Folsom, Colfax, Auburn, Grass Valley, Fairfield, Nevada City, Tahoe City, South Lake Tahoe and from counties such as Placer County, Sacramento County, El Dorado County, San Joaquin County, Yolo County, Nevada County and Solano County.
THE CRIMINAL JUSTICE SYSTEM AT A GLANCE
There are three levels of crimes in California. Infractions, misdemeanors and felonies. Infractions are offenses for which you cannot serve jail time. Misdemeanors are offenses for which you could possibly spend time in the county jail. Felonies are offenses for which you could possibly spend time in state prison.
The procedures you will go through in the criminal justice system depends on the level of crime with which you are charged.
Infractions: You have no right to a court-appointed attorney. You have no right to a jury trial. But you are entitled to a court trial, where a judge will hear your case.
Misdemeanors: You have the right to an attorney. You have the right to a jury trial.
Felonies: You have the right to an attorney. You have the right to a preliminary hearing. You have the right to a jury trial. A preliminary hearing is like a mini-trial. The purpose of it is to weed out those cases that aren't serious enough to warrant the consumption of time, effort and energy in a felony jury trial. Witnesses are called, but hearsay is admissible. A police officer who has met certain qualifications can simply take the stand and tell the court what the witnesses told him. If the judge finds that there's probable cause to believe that (1) a felony crime was committed and (2) that the defendant probably committed that felony crime, then the court will "hold the defendant to answer." This is another way of saying that the defendant will have to go to trial on the felony case.
In a jury trial, whether on a misdemeanor case or a felony case, 12 jurors are selected to decide the facts. Depending on the anticipated length of the trial, a number of alternate jurors are also selected, just in case any of the original 12 jurors have to be dismissed. The judge instructs the jurors on the law. In order for there to be a verdict of guilty, all 12 jurors must agree that the defendant is guilty. In order for there to be verdict of not guilty, all 12 jurors must find the defendant not guilty. If there is anything other than a unanimous verdict, the case will result in a hung jury and a mistrial will be declared. The prosecution has the right to re-try a case (if they decided to do so), after a hung jury.