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.