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Channel: Javier Rios – San Jose Attorney at Law
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What is an arraignment? What happens at the arraignment?

An arraignment is a very short court hearing where you will hear what crime you are being accused of and the judge will set “bail.” The judge decides how much your bail should be depending on things...

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What is “discovery”?

Discovery is a broad term that refers to all of the evidence in a criminal case. Discovery can include video surveillance, reports written by police officers, witness statements, photographs, audio...

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What is the difference between a misdemeanor and a felony?

A “misdemeanor” is a crime where the highest possible punishment is one year in the county jail or a $1,000 fine. A “felony” is a more serious crime where the penalty could include a longer county jail...

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What is a misdemeanor pretrial conference?

A misdemeanor pretrial conference is a hearing that happens between the arraignment and the jury trial. A lot of things can happen at a misdemeanor pretrial. For example, your lawyer will try to make...

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What happens in a felony case?

Someone who is accused of a felony has the right to a preliminary hearing. A preliminary hearing is a hearing where the prosecutor must show “probable cause” that you committed the crime or crimes that...

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What happens at a jury trial?

Whether you are charged with a misdemeanor or a felony, you have a right to a jury trial. This means that you have a right to have 12 jurors, or members of the community, decide whether the prosecution...

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Is there anything I can do that will help with my case?

Yes, you can start thinking about what documents, evidence, phone records, recordings, or witnesses might help with your defense, and make a list of those things for your lawyer. It is best if you...

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Is there anything I can do that would hurt my case?

Yes, there are some things that you should avoid doing that could hurt your case. It is usually best if you avoid talking to the police and instead tell them that you wish to remain silent and to speak...

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What if I did what I am accused of doing? Should I still hire a lawyer?

Yes, even if you did what you are accused of doing, you should still hire a lawyer. There is a big difference in the outcomes of criminal cases, both in terms of your sentence and what charges you...

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What if it is clear that I did not do what I am accused of doing? Should I...

Yes, even if you clearly did not do what you are accused of doing, it is important to hire an experienced criminal defense attorney who can guide you through the process of clearing your name. Mr. Rios...

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