The Pre-Case Basics helps to better define everything that takes place prior to your arraignment, such as classification of crimes, selection of your attorney, booking and reporting and to the bail process. If you have any questions whatsoever, please call us 24/7, day or night, for your free case consultation at 866-819-7536.

The following are some basic crime definitions:

Misdemeanor: Misdemeanors are dealt with only in Municipal Court. A crime punishable by up to one year in County Jail.

Felony: All felonies begin in Municipal Court, where a preliminary hearing is held. Felonies then proceed into Superior Court. A felony crime is punishable by one year or more in State Prison.

Wobbler: Certain crimes can be charged as felonies or misdemeanors. A wobbler can begin as a felony, but be reduced to a misdemeanor at sentencing or at the completion of a successful probation.

Regardless of how far along your case may have progressed, you may always retain an attorney at any time. We always recommend that you get an attorney -- no matter what. It is never a good idea to represent yourself in court.

It is best that you retain an attorney when you first learn that there may be an investigation. If you cannot afford to retain private counsel you have the option to be represented by the public defender (or court-appointed attorney). However, you may be responsible for paying the costs of a public defender (or appointed attorney) at the conclusion of your case.

Arrests must be based on probable cause. While there is no simple test to define probable cause, the police must rely on what they believe to be good information.

MISDEMEANORS: Arrests can only be made for crimes which occur in the presence of the person making the arrest, or with a warrant. For example, shoplifting arrests are technically made by a store security guard, and the police effectuate the arrest.

While going through the booking process, the following should be expected:

• Have your mug shots taken
• Provide your fingerprints
• Have a search performed
• Provide answers to questions on background information (name, address, etc.)

You may still be required to appear at the police station if your case begins with a court apperance and not a an arrest. This is refered to as the book-and-release procedure.

Most jails will give out booking information (arrest date, bail, visiting information, location, court date, charges and booking number). Generally, you'll be asked for the defendant's full name and birth date. Keep the booking number for future reference.

The law does not require the police to release their reports. However, we can often convince them to turn the reports over to us. And, in many instances, we are able to speak directly to the investigating officer for information on the evidence supporting the arrest and the nature of the charges.

Many people believe that it is the victim who has the power to drop or bring charges agains someone. This is not true. Only the prosecuting attorney's office has the authority to bring criminal charges. The victim does not get to decide not to "press charges."

The police do not actually file charges. In fact, the charges on which a person is booked by the police are often changed at a later date by the prosecutor. Even though a "victim" cannot drop charges, they can influence the prosecutors decisions. Direct contact by the prosecution with a person thought of as a victim is not recommended.

The arresting officer or watch commander will set the initial bail. Each county sets bail according to a bail schedule. Many defendants will receive an "own recognizance" (O.R.) release and will not have to post bail.

At the arraignment is where the first bail reduction motions can be made. There are other opportunities to bring a motion to reduce bail.

Bail is generally made with cash or a bond. A bond requires a 10% fee to a bondsman plus collateral. The 10% is the bondman's fee and will not be returned. Cash bail is returned, less a small administrative fee, when the case is over. We often can help you find a bondsman who will work diligently to arrange bail (often including payments on their fee) with eased collateral requirements.