Criminal Process

It is hard to know where you stand when you’ve been accused of a crime. The criminal process is governed by many different complicated rules. The government typically has a knowledgeable team working enforce its criminal laws through this process. You find it difficult and stressful to try to figure out what steps to take to protect your rights. Seasoned legal counsel can make this process run smoothly and safeguard your rights from the investigation stage through arrest, from plea negotiations through trial, and as necessary, the point after trial at which you may be eligible to expunge your record. If you need strong, dedicated, and honest legal representation, you should call trustworthy Orange County criminal process attorney William M. Weinberg. He has nearly 30 years of experience he can bring to bear to your unique case.

Mr. Weinberg can represent you in all aspects of a criminal case including:

• Arrest
• Arraignment
• Collaborative courts
• Expungements
• Jury Trial
• Petition for Factual Innocence
• Prefiling representation
• Pretrial mental health diversion
• Rights after an arrest

It is crucial to seek legal representation to protect your interests in the course of these potentially life-altering procedures.

Most crimes are investigated by law enforcement. However, officers are investigating with an eye towards conviction. They may not investigate every lead. Additionally, they may appear to be friendly when questioning you. They may imply that they need your help and their behavior can be confusing; you might feel like they will suspect you if you don’t answer the questions.

However, governmental investigations can be slanted in favor of the police officer’s biases and ultimately may work against you, especially down the road if statements you made in order to be helpful are used by the prosecution as evidence of a crime. If you are being questioned by the police you should always call a criminal defense attorney to protect your rights before answering questions.

One of the first steps after being charged is arraignment. In an arraignment, you will need to go to court to enter a plea of guilty, not guilty, or no contest. You will face a range of pretrial proceedings before trial including negotiations with the prosecution to obtain a plea deal. You are entitled to a jury trial whether you’re charged with a misdemeanor or felony. Jury trials can be arduous. It is vital that you obtain legal representation through a trial. We can make sure the trial is handled fairly. There are many rules that apply to evidence, arguments and other aspects of procedure that must be followed over the course of a trial. Issues may need to be preserved for appeal. If you are convicted, you could lose your freedom and need to go to jail for a period.

Many crimes, including drug crimes and crimes against persons, reflect problems in someone’s life that require rehabilitation. Sometimes rehabilitation is more appropriate than punishment in the form of jail time or fines. Collaborative courts are used to give alternative sentencing in cases where the defendant has agreed to undergo a process of rehabilitation or mental health care. The purpose of these courts is to rehabilitate the accused and also reduce their recidivism. If you are truly dedicated to getting rehabilitated, we may be able to advocate for you arrange participation in a collaborative court program process.

Under PC section 1203.4, our attorneys may be able to petition for expungement of a conviction if you were convicted of specific felonies or misdemeanors. Section 1203.4a specifies that a defendant convicted of a misdemeanor but not ordered to probation can also petition for expungement of the conviction. Not all felony convictions are eligible for expungement; the ones that are eligible are considered wobblers, or crimes that could have been prosecuted as misdemeanors or felonies.

In California, our OC lawyers familiar with criminal process can petition for expungement as soon as you have successfully completed your term of probation. There are situations in which the court can grant an early termination of probation and grant your petition; However, in most cases, you’ll need to serve at least half the term without any probation violations.

It can be terrifying to have your freedom at stake because you were pulled into criminal activity or were present at the scene of a crime. If you have been charged with a crime, contact Orange County criminal process lawyer William Weinberg for a free, confidential consultation by filling out our contact form, emailing bill@williamweinberg.com or calling (949) 474-8008.