Have You Been Arrested in Palm Springs?
Here's What You Need to Know . . .
While it is true that everyone makes mistakes, this fact is of little comfort
when you have been arrested. An arrest could compromise your job, your
social and familial relationships, reputation, literally life as you've known it.
Since the government has the power to take away your liberty for a mandated
period of time, possibly for the rest of your life, a vital first step
after an arrest is to seek the counsel of a Palm Springs criminal defense
lawyer who understands the courts and laws of our region.
Criminal defense is definitely an area of the law you do not want to face alone or try
to handle without assistance. No matter what the charge, a
internet crime or
domestic violence, Attorney Joseph T. Rhea will offer provide a free consultation..
Here's What You Need to Do . . .
In the criminal justice process the following are the steps you can expect
to happen and the advice Attorney Joseph Rhea offers:
Law enforcement stops or arrests you. A stop is not a formal charge. An officer will simply stop you to ask
questions, based on a valid "reasonable suspicion." If the officer
has "probable cause" that you have committed a crime, you cannot
challenge the officer's assertion until later. The most effective
advice in the event you are arrested is to be calm and demand an attorney
before anyone has a chance to ask you questions. If the police keep asking
you questions, keep asking for a lawyer and never explain why you want
a lawyer. Just ask for a lawyer and leave it at that.
Booking at the police station. This is the part of the process where your fingerprints and a mug shot
are taken. It is important to remain calm and continue to refuse to answer
questions about your arrest.
A prosecutor originates a charge. The victim does not charge you or “press charges.” Rather,
a career lawyer for the District Attorney’s office decides where
or not there is evidence sufficient to file a criminal complaint. Once
a criminal complaint is made, the prosecutor's office works to find
Arraignment is the next step. You will appear before a judge who will read the formal charges, inform
you of your rights and set your bail or release you on your own "recognizance,"
which means no bail is required. In most felony cases, you will be required
to appear in court again for the rest of the process, but exceptions are
made at the discretion of the court. However, if you are only charged
with a misdemeanor, Attorney Rhea can generally appear in your abscence.
Discovery is provided at the arraignment. Most evidence (the police reports) is provided at arraignment, but often
there is additional evidence that is requested by the defense, and that
process of discovery can sometimes be very complicated.
Next are pre-trial motions. These are actions taken by your attorney which ask, for example, the
Court to order additional discovery or exclude certain evidence from trial
if it was gained in an illegal way. If you clearly refused to waiver you
rights during a search and arrest, Attorney Rhea will have a better chance
of excluding evidence against you at trial.
Plea Bargaining means negotiationing in the criminal court system. The goal in every case is always to get you
the best deal possible. Many negotiations result is lesser charges or
outright dismissal. Often this is possible without even going to trial.
If no agreement is reached, the case goes to trial. This is where the prosecutor representing the State attempts to prove,
before a jury, that you committed a crime. The government has to prove
its case against you beyond all reasonable doubt.
Sentencing is next. In the event that a negotiated disposition is reached, the court will
generally follow the agreement made between your attorney and the prosecutor.
If, for example, the D.A. has agreed to dismiss your case for a fine,
the court will generally just follow that agreement.
Palm Springs Criminal Lawyer
Every step of the way, a competent local attorney is vital to the successful
conclusion of your case. For over a decade,
Attorney Joseph T. Rhea has defended the rights of the accused Attorney Rhea worked with a doctorate
from Harvard University. As a former Deputy Public Defender, he knows
first-hand the importance of friendly and aggressive local representation
to achieve the best outcome in each client's case. He has tried and
defended hundreds of
cases in state and
federal court. You can count on Attorney Rhea for personal service to help you
defend your rights and protect your future.
Contact a Palm Springs criminal defense attorney
today to help you fight for the best outcome in your case.