Misdemeanors are generally
regarded as less serious crimes, but nonetheless require an aggressive defense
as they carry potential jail sentences of up to six months, and for certain
specified misdemeanors, up to one year. Examples include petty theft, simple
assault and battery, D.U.I., and some drug related offenses.
Misdemeanors may also have serious collateral consequences, such as
driver's license suspensions/restrictions, a ban on firearm ownership or
possession, mandatory counseling, and immigration
penalties.
Accordingly, persons charged with misdemeanors are afforded
all of the Constitutional rights available to criminal defendants, including
the right to counsel and to a jury trial. The selection of a competent, capable
defense attorney is the single most important step in seeing that all of a
person's rights are vigorously protected. Please
click
here to contact Mr. Montgomery regarding your case. Be sure to
include your name & phone number with area code, a brief description of the
charges, and the county in which the case is pending.
Felonies are the
most serious category of crimes, encompassing all offenses that carry a
potential state prison sentence. Examples include rape, child molestation,
robbery, armed assaults, drug sales, and homicides. A person charged with the
commission of a felony, in addition to the possibility of being sent to prison,
also faces the prospect of losing his right to vote, hold public office, to be
licensed in certain professions, to own or possess firearms and ammunition, and
of being deported if he is not a U.S. citizen.
Felony prosecutions are
initiated by the filing of a complaint by the District Attorney of the County
in which the crime was allegedly committed. The person charged is brought
before the court for Arraignment, which is the formal advisement of what charge
or charges have been filed. At this hearing, the person is advised of his
Constitutional rights, including the right to an attorney and to the setting of
reasonable bail. This is a critical stage of the proceedings, and if at all
possible, the person should arrange to have an experienced criminal defense
attorney present to represent him at this hearing. A skilled attorney can often
procure his client's release without bail, or at a vastly reduced
amount.
Thereafter, a felony case is set for Preliminary Examination
and/or various legal motions. Such motions include those to suppress evidence
obtained by an illegal police search, to compel the District Attorney to
disclose evidence and informants, to challenge the validity of Search Warrants,
and for the dismissal of the charges.
At a Preliminary Examination, the
judge hears evidence to determine whether or not there is reasonable cause to
believe that a crime was committed and that the person charged is possibly
guilty of that crime. If so the case is "bound over", and sent to a trial court
for the setting of a Jury Trial date.
At each of the aforementioned
proceedings it is imperative that the Defendant be represented by an aggressive
and skilled criminal defense attorney, as often the attorney can cause the
charges to be dismissed, reduced in seriousness, resolved by plea negotiations,
or terminated by jury acquittal. Jack Montgomery has been successful in all of
these areas of legal expertise. Please
click
here to contact Mr. Montgomery regarding your case. Be sure to
include your name & phone number with area code, a brief description of the
charges, and the county in which the case is pending.
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