CRIMINAL DEFENSE
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James B. Kamanski, Attorney at Law
10940 Wilshire Blvd., Suite 600
Los Angeles, CA 90024
(424) 901-8011 (424 is West L.A.'s newest area code)
(424) 901-8012 fax
james@jbeklaw.com
10940 Wilshire Blvd., Suite 600
Los Angeles, CA 90024
(424) 901-8011 (424 is West L.A.'s newest area code)
(424) 901-8012 fax
james@jbeklaw.com
Criminal Defense
DISCLAIMER: The following content is not intended to be legal advice to the reader.
If you have clicked on this link, you or a family member may have been arrested or charged with a
crime. If so, the information below will help you understand the path ahead. If you have been
arrested for Drunk Driving (DUI), click Drunk Driving Defense.
How Does a Criminal Case get Started?
A criminal case starts with a report of a crime. The report can come from a citizen or victim that has
called the police, or it can originate with the police itself if an officer witnessed the crime (for
example, being pulled over for drunk driving because an officer witnessed the driver swerving).
The police will then investigate the matter and usually turn over its information to the District
Attorney or City Attorney for review and possible prosecution. A prosecuting attorney (usually a
senior prosecutor) will then review the information to determine whether a case should be filed and
what specific charges to include. Keep in mind that the power to charge criminal cases is in the
government's control through its prosecuting agencies. As such, though many crimes involve a
direct victim (such as with an assault charge) who may later decide not to “press charges,” that
person does not control the process. However, the prosecutor may take into consideration the
victim’s position regarding the crime when deciding whether to prosecute. Once charges are filed
against a person, that person is called “the defendant.” In California, crimes are also classified as
either “misdemeanors” or “felonies.” Felonies are more serious than misdemeanors. Each class is
discussed below.
After a crime occurs, the police may arrest the person suspected of the crime and place him in
custody. If so, the law requires the person to be brought before a court within 48 hours if he
remains in custody (although the 48 hour period can actually be longer if the person is arrested on
a weekend). However, there are many ways to get out of custody. The most common way is to
have a friend of family member post bail. Another common way is to be discharged with a “promise
to appear” at a later date. This is typical in drunk driving cases where the defendant spends one
night in jail and is then given a court date several weeks later. A promise to appear is often used in
cases where the crime is not too serious and the defendant has a clean record.
Whatever the circumstance, the defendant will make an initial appearance in court where formal
charges will be announced and the defendant will have the opportunity to plead guilty or not guilty.
This is called the arraignment and marks the first stage of court proceedings in a criminal case.
Sometimes an arraignment can also be “continued,” usually at the request of the defendant, if the
defendant requests more time to locate and hire an attorney.
What Happens in Court?
As mentioned above, the first appearance in a criminal case is the arraignment. This is the time for
you to be given a copy of the charges against you and to decide whether you want to have an
attorney represent you if you have not already hired one. It is also the time when the judge will ask
you: “How do you plead?” Before you enter any plea you should consult with an attorney. The law
also requires that you be advised of your rights and that you be told the consequences of entering
a plea. If you are in custody at this first hearing, this proceeding is also a time in which the judge
can consider bail issues or your release with a promise to appear. Usually by the time that your
case comes to court, it has already been reviewed by a bail officer and a specific bail amount has
been set according to what is known as the Bail Schedule. At the arraignment the judge can
consider whether to increase or decrease bail. Your attorney can help persuade the judge to
reduce or eliminate bail in some circumstances. Once the amount is set you may post bail in cash
or by the use of a bail bond. You or your family may also put up property as bail. Once you have
posted bail you will be released during the rest of the court proceedings. If you cannot post bail,
you will remain in custody until the case is completed. The arraignment is also the first opportunity
for your attorney to discuss a possible settlement or “plea bargain” with the prosecuting attorney.
Usually the arraignment is the first time you or your attorney will receive the police report in the
case, and your attorney will need additional time to review the evidence against you, consult with
you, and prepare a strategy for plea bargaining or taking your case to trial.
What Happens in a Misdemeanor Case?
Misdemeanor cases usually involve crimes that carry no more than one year in jail as the maximum
punishment. Theft, simple assault, battery, and drunk driving are examples of misdemeanor
charges. If you have been arrested and are in custody at the time of your arraignment, you have a
right to start your trial within 30 days of your arraignment. Usually, if you are not in custody it is to
your advantage to delay the proceedings somewhat, to gather evidence and prepare for your
defense. The court and prosecuting attorneys are accustomed to some delay, and therefore your
attorney will usually agree to “waive time” for a speedy trial at the time of your arraignment. By
“waiving time,” the court and prosecuting attorneys are not under pressure to bring your case to
trial within 30 days. If you are in custody, it may be a better choice to insist on having your case
brought to trial as soon as possible, so that you can bring your entire case to some kind of
resolution as quickly as possible. After the arraignment, the case is usually set for a “pretrial
conference” to check the status, give the case a chance to resolve by “plea bargain,” and schedule
the case for a specific trial date if it appears the case will go to trial. Between the arraignment and
the pretrial conference, you and your attorney will communicate about the case and evaluate its
strengths, weaknesses, and the risks involved to you. At the pretrial conference you will decide
with your attorney whether your case will proceed to trial. If you decide to take your case to trial,
the case will be set for a specific trial date. This trial date will usually remain firm unless there is
good reason for a postponement, or unless there are some other trials in front of your case which
need to be completed. In misdemeanor cases, you can usually make arrangements to have your
attorney appear in court without you having to be present. This typically happens for an
arraignment where you have already hired an attorney beforehand, and for a pre-trial conference
where you have already decided not to “plea bargain” and to take your case to trial.
What Will Happen at Trial?
Trial of either a misdemeanor or felony case is always by jury (unless you elect to not to have a
jury). Before calling in a jury, the court will address some pre-trial matters with the attorneys.
These preliminary matters usually deal with issues regarding evidence anticipated to be presented
at trial, scheduling of witnesses and court breaks, and other “house-keeping matters.” Once a jury
is brought in, there is a “jury selection” process whereby prospective jurors for your case are
questioned about their background and general views on various issues to screen them for unfair
biases. During this process your attorney will try to remove those jurors he feels would be least
sympathetic or understanding toward your side of the case. Similarly, the prosecution will do the
same for its case, and from this competing process a fair and impartial jury ends up usually be
selected to hear your case.
At trial the prosecution presents its case first - through its witnesses - which are usually the
complaining victim, witnesses to the crime, investigating police officers, and sometimes expert
witnesses, like a toxicologist in a drunk driving case. Your attorney will cross-examine these
witnesses and then will present your side of the case. Sometimes your side of the case is kept to a
minimum, and the strength of your defense comes from a vigorous cross-examination of the
prosecution’s witnesses to cast “reasonable doubt” right from the beginning. After a vigorous cross-
examination of the prosecution’s witnesses, you may testify on your behalf (although you have a
right not to take the stand), and your attorney may call to the stand other witnesses on your behalf,
such as others who were present at the scene of the crime that saw things different, or even an
expert witness whose opinions are different than the opinions offered by the expert witness used by
the prosecution. When both sides finish presenting their case, the attorneys will make a final
argument and the jurors will then retire to deliberations. Deliberations can last from just a few
hours or less, to many days or more, depending upon the complexity of the case. Your goal, of
course, is to obtain a “not guilty” verdict on all charges against you.
What Happens in a Felony Case?
Felonies involve crimes where the punishment can include commitment to state prison. Sentences
can be for years or, in some cases, for life. Felonies include major drug offenses, major theft,
embezzlement, rape, arson and murder. A felony case usually starts with the District Attorney filing
a criminal complaint, though sometimes the county Grand Jury holds a hearing and then files a
document called an “Indictment.” As with misdemeanor cases, you are brought to court on felony
charges either by being notified of a court date with a promise to appear on that date, or you are
brought to court after being held in custody following your arrest. The first court appearance is
called an arraignment, and you must be personally present. At that time, the judge will tell you your
rights and the charges against you, and bail may also be set. The judge will also ask you to enter a
plea of guilty or not guilty. Typically a plea of not guilty is entered, and a second court date -
usually a preliminary hearing - is set. By law, a preliminary hearing must be held within 10 court
days from the date you are arraigned or you enter a plea, whichever occurs later. You and your
lawyer can agree to a later date, which is often a good choice if you are no longer in custody.
Between your arraignment and preliminary hearing, your lawyer will evaluate your case, conduct
further investigation, and communicate with you regarding your options and further handling of the
case.
What is a Preliminary Hearing?
A preliminary hearing is a screening process used by the courts to make sure the prosecution has
enough evidence to justify the charges against you. At the preliminary hearing, the prosecution
must put on witnesses and present evidence to show that it was probable that a crime was
committed by you. The law requires only a minimal showing at this stage and the rules of evidence
are relaxed. As such, the prosecution usually prevails at these hearings (but not always) and the
case will proceed toward trial. At this stage, your lawyer can also make certain requests or
“motions” with the court, and can also discuss plea bargaining with the prosecution. If the
prosecution prevails and the court is satisfied there is enough evidence to go forward, it will “hold
you to answer” for the crime.
What Happens After the Preliminary Hearing?
If you have been "held to answer," your next court appearance will be another arraignment. This
next appearance must be set no more than 15 days from the preliminary hearing. During this time
period the prosecution can review its case again and your attorney can decide what, if any,
information to give to the prosecution which might influence its approach toward your case. If you
enter another plea of not guilty at this second arraignment your case will be set for trial. A felony
trial must begin within 60 days of the second arraignment unless you agree to “waive time” for a
speedy trial, as you can do in misdemeanor cases. This 60 day limit can also be extended in a
number of other ways under the law. For example, the prosecution can obtain a delay if the case is
particularly complicated or a witness is not available at the right time. Once your case is set for
trial, it will follow the same basic procedure as for misdemeanor trials, discussed above. Your case
will be heard by a jury and you will need to be present each day in court. As with any case, but in
particular with felony cases, you should meet early and often with your attorney to help with
preparation, since the stakes are usually much higher in felony cases.
Plea Bargaining and Punishment
Most criminal cases resolve short of trial. This is accomplished by a settlement or “plea bargain.”
Plea bargaining can occur at any stage of the case, but usually cannot be accomplished until your
attorney has reviewed your case, the police report, and has evaluated and discussed with you the
risks and costs involved with going to trial. Also, the position taken by the prosecuting agency
about your case can impact plea bargaining. If the prosecuting attorney is taking an unreasonable
position or asking for too much in punishment, then you may be better off electing for a jury trial.
When you plea bargain, you are conceding that you may lose at trial, and therefore you express a
willingness to accept some punishment in exchange for pleading guilty early in the proceedings and
often to a less serious crime. Also, if you go to trial and are found guilty by a jury, the court is
obligated to impose punishment.
Many times the court or prosecuting attorney will agree to “probation” as your punishment, which
means you are subjected to a more serious punishment, such a jail or prison time, but then the
imposition of that punishment is held in abeyance for a probationary period (usually three years). If
you meet all of the terms of probation during this time, the punishment is terminated or deemed to
have been satisfied. The terms of probation can, by themselves, constitute significant punishment
and may be cumbersome or time consuming. Probationary terms can include monetary fines, a
short stint of jail time, community service or other community programs like Cal Trans freeway clean-
up or beach clean-up. Sometimes, and particularly for some drug offenses, you may be sentenced
to “diversion,” which is a program that allows you to complete certain educational requirements or
medical treatment (such as substance abuse treatment) in exchange for having all charges against
you completely dropped once you complete diversion. Diversion is usually a very attractive option
to any criminal defendant.
Contact Jim for More Help
If you have more questions about criminal defense or hiring Jim as your lawyer, please feel free to
contact Jim by sending an email either direct or through the "Contact Us" page on this site, or by
calling. You may also call to set up an in-person meeting. All initial consultations are without
charge, regardless of whether Jim accepts your case.
DISCLAIMER: The content above is not intended to be legal advice to the reader.
If you have clicked on this link, you or a family member may have been arrested or charged with a
crime. If so, the information below will help you understand the path ahead. If you have been
arrested for Drunk Driving (DUI), click Drunk Driving Defense.
How Does a Criminal Case get Started?
A criminal case starts with a report of a crime. The report can come from a citizen or victim that has
called the police, or it can originate with the police itself if an officer witnessed the crime (for
example, being pulled over for drunk driving because an officer witnessed the driver swerving).
The police will then investigate the matter and usually turn over its information to the District
Attorney or City Attorney for review and possible prosecution. A prosecuting attorney (usually a
senior prosecutor) will then review the information to determine whether a case should be filed and
what specific charges to include. Keep in mind that the power to charge criminal cases is in the
government's control through its prosecuting agencies. As such, though many crimes involve a
direct victim (such as with an assault charge) who may later decide not to “press charges,” that
person does not control the process. However, the prosecutor may take into consideration the
victim’s position regarding the crime when deciding whether to prosecute. Once charges are filed
against a person, that person is called “the defendant.” In California, crimes are also classified as
either “misdemeanors” or “felonies.” Felonies are more serious than misdemeanors. Each class is
discussed below.
After a crime occurs, the police may arrest the person suspected of the crime and place him in
custody. If so, the law requires the person to be brought before a court within 48 hours if he
remains in custody (although the 48 hour period can actually be longer if the person is arrested on
a weekend). However, there are many ways to get out of custody. The most common way is to
have a friend of family member post bail. Another common way is to be discharged with a “promise
to appear” at a later date. This is typical in drunk driving cases where the defendant spends one
night in jail and is then given a court date several weeks later. A promise to appear is often used in
cases where the crime is not too serious and the defendant has a clean record.
Whatever the circumstance, the defendant will make an initial appearance in court where formal
charges will be announced and the defendant will have the opportunity to plead guilty or not guilty.
This is called the arraignment and marks the first stage of court proceedings in a criminal case.
Sometimes an arraignment can also be “continued,” usually at the request of the defendant, if the
defendant requests more time to locate and hire an attorney.
What Happens in Court?
As mentioned above, the first appearance in a criminal case is the arraignment. This is the time for
you to be given a copy of the charges against you and to decide whether you want to have an
attorney represent you if you have not already hired one. It is also the time when the judge will ask
you: “How do you plead?” Before you enter any plea you should consult with an attorney. The law
also requires that you be advised of your rights and that you be told the consequences of entering
a plea. If you are in custody at this first hearing, this proceeding is also a time in which the judge
can consider bail issues or your release with a promise to appear. Usually by the time that your
case comes to court, it has already been reviewed by a bail officer and a specific bail amount has
been set according to what is known as the Bail Schedule. At the arraignment the judge can
consider whether to increase or decrease bail. Your attorney can help persuade the judge to
reduce or eliminate bail in some circumstances. Once the amount is set you may post bail in cash
or by the use of a bail bond. You or your family may also put up property as bail. Once you have
posted bail you will be released during the rest of the court proceedings. If you cannot post bail,
you will remain in custody until the case is completed. The arraignment is also the first opportunity
for your attorney to discuss a possible settlement or “plea bargain” with the prosecuting attorney.
Usually the arraignment is the first time you or your attorney will receive the police report in the
case, and your attorney will need additional time to review the evidence against you, consult with
you, and prepare a strategy for plea bargaining or taking your case to trial.
What Happens in a Misdemeanor Case?
Misdemeanor cases usually involve crimes that carry no more than one year in jail as the maximum
punishment. Theft, simple assault, battery, and drunk driving are examples of misdemeanor
charges. If you have been arrested and are in custody at the time of your arraignment, you have a
right to start your trial within 30 days of your arraignment. Usually, if you are not in custody it is to
your advantage to delay the proceedings somewhat, to gather evidence and prepare for your
defense. The court and prosecuting attorneys are accustomed to some delay, and therefore your
attorney will usually agree to “waive time” for a speedy trial at the time of your arraignment. By
“waiving time,” the court and prosecuting attorneys are not under pressure to bring your case to
trial within 30 days. If you are in custody, it may be a better choice to insist on having your case
brought to trial as soon as possible, so that you can bring your entire case to some kind of
resolution as quickly as possible. After the arraignment, the case is usually set for a “pretrial
conference” to check the status, give the case a chance to resolve by “plea bargain,” and schedule
the case for a specific trial date if it appears the case will go to trial. Between the arraignment and
the pretrial conference, you and your attorney will communicate about the case and evaluate its
strengths, weaknesses, and the risks involved to you. At the pretrial conference you will decide
with your attorney whether your case will proceed to trial. If you decide to take your case to trial,
the case will be set for a specific trial date. This trial date will usually remain firm unless there is
good reason for a postponement, or unless there are some other trials in front of your case which
need to be completed. In misdemeanor cases, you can usually make arrangements to have your
attorney appear in court without you having to be present. This typically happens for an
arraignment where you have already hired an attorney beforehand, and for a pre-trial conference
where you have already decided not to “plea bargain” and to take your case to trial.
What Will Happen at Trial?
Trial of either a misdemeanor or felony case is always by jury (unless you elect to not to have a
jury). Before calling in a jury, the court will address some pre-trial matters with the attorneys.
These preliminary matters usually deal with issues regarding evidence anticipated to be presented
at trial, scheduling of witnesses and court breaks, and other “house-keeping matters.” Once a jury
is brought in, there is a “jury selection” process whereby prospective jurors for your case are
questioned about their background and general views on various issues to screen them for unfair
biases. During this process your attorney will try to remove those jurors he feels would be least
sympathetic or understanding toward your side of the case. Similarly, the prosecution will do the
same for its case, and from this competing process a fair and impartial jury ends up usually be
selected to hear your case.
At trial the prosecution presents its case first - through its witnesses - which are usually the
complaining victim, witnesses to the crime, investigating police officers, and sometimes expert
witnesses, like a toxicologist in a drunk driving case. Your attorney will cross-examine these
witnesses and then will present your side of the case. Sometimes your side of the case is kept to a
minimum, and the strength of your defense comes from a vigorous cross-examination of the
prosecution’s witnesses to cast “reasonable doubt” right from the beginning. After a vigorous cross-
examination of the prosecution’s witnesses, you may testify on your behalf (although you have a
right not to take the stand), and your attorney may call to the stand other witnesses on your behalf,
such as others who were present at the scene of the crime that saw things different, or even an
expert witness whose opinions are different than the opinions offered by the expert witness used by
the prosecution. When both sides finish presenting their case, the attorneys will make a final
argument and the jurors will then retire to deliberations. Deliberations can last from just a few
hours or less, to many days or more, depending upon the complexity of the case. Your goal, of
course, is to obtain a “not guilty” verdict on all charges against you.
What Happens in a Felony Case?
Felonies involve crimes where the punishment can include commitment to state prison. Sentences
can be for years or, in some cases, for life. Felonies include major drug offenses, major theft,
embezzlement, rape, arson and murder. A felony case usually starts with the District Attorney filing
a criminal complaint, though sometimes the county Grand Jury holds a hearing and then files a
document called an “Indictment.” As with misdemeanor cases, you are brought to court on felony
charges either by being notified of a court date with a promise to appear on that date, or you are
brought to court after being held in custody following your arrest. The first court appearance is
called an arraignment, and you must be personally present. At that time, the judge will tell you your
rights and the charges against you, and bail may also be set. The judge will also ask you to enter a
plea of guilty or not guilty. Typically a plea of not guilty is entered, and a second court date -
usually a preliminary hearing - is set. By law, a preliminary hearing must be held within 10 court
days from the date you are arraigned or you enter a plea, whichever occurs later. You and your
lawyer can agree to a later date, which is often a good choice if you are no longer in custody.
Between your arraignment and preliminary hearing, your lawyer will evaluate your case, conduct
further investigation, and communicate with you regarding your options and further handling of the
case.
What is a Preliminary Hearing?
A preliminary hearing is a screening process used by the courts to make sure the prosecution has
enough evidence to justify the charges against you. At the preliminary hearing, the prosecution
must put on witnesses and present evidence to show that it was probable that a crime was
committed by you. The law requires only a minimal showing at this stage and the rules of evidence
are relaxed. As such, the prosecution usually prevails at these hearings (but not always) and the
case will proceed toward trial. At this stage, your lawyer can also make certain requests or
“motions” with the court, and can also discuss plea bargaining with the prosecution. If the
prosecution prevails and the court is satisfied there is enough evidence to go forward, it will “hold
you to answer” for the crime.
What Happens After the Preliminary Hearing?
If you have been "held to answer," your next court appearance will be another arraignment. This
next appearance must be set no more than 15 days from the preliminary hearing. During this time
period the prosecution can review its case again and your attorney can decide what, if any,
information to give to the prosecution which might influence its approach toward your case. If you
enter another plea of not guilty at this second arraignment your case will be set for trial. A felony
trial must begin within 60 days of the second arraignment unless you agree to “waive time” for a
speedy trial, as you can do in misdemeanor cases. This 60 day limit can also be extended in a
number of other ways under the law. For example, the prosecution can obtain a delay if the case is
particularly complicated or a witness is not available at the right time. Once your case is set for
trial, it will follow the same basic procedure as for misdemeanor trials, discussed above. Your case
will be heard by a jury and you will need to be present each day in court. As with any case, but in
particular with felony cases, you should meet early and often with your attorney to help with
preparation, since the stakes are usually much higher in felony cases.
Plea Bargaining and Punishment
Most criminal cases resolve short of trial. This is accomplished by a settlement or “plea bargain.”
Plea bargaining can occur at any stage of the case, but usually cannot be accomplished until your
attorney has reviewed your case, the police report, and has evaluated and discussed with you the
risks and costs involved with going to trial. Also, the position taken by the prosecuting agency
about your case can impact plea bargaining. If the prosecuting attorney is taking an unreasonable
position or asking for too much in punishment, then you may be better off electing for a jury trial.
When you plea bargain, you are conceding that you may lose at trial, and therefore you express a
willingness to accept some punishment in exchange for pleading guilty early in the proceedings and
often to a less serious crime. Also, if you go to trial and are found guilty by a jury, the court is
obligated to impose punishment.
Many times the court or prosecuting attorney will agree to “probation” as your punishment, which
means you are subjected to a more serious punishment, such a jail or prison time, but then the
imposition of that punishment is held in abeyance for a probationary period (usually three years). If
you meet all of the terms of probation during this time, the punishment is terminated or deemed to
have been satisfied. The terms of probation can, by themselves, constitute significant punishment
and may be cumbersome or time consuming. Probationary terms can include monetary fines, a
short stint of jail time, community service or other community programs like Cal Trans freeway clean-
up or beach clean-up. Sometimes, and particularly for some drug offenses, you may be sentenced
to “diversion,” which is a program that allows you to complete certain educational requirements or
medical treatment (such as substance abuse treatment) in exchange for having all charges against
you completely dropped once you complete diversion. Diversion is usually a very attractive option
to any criminal defendant.
Contact Jim for More Help
If you have more questions about criminal defense or hiring Jim as your lawyer, please feel free to
contact Jim by sending an email either direct or through the "Contact Us" page on this site, or by
calling. You may also call to set up an in-person meeting. All initial consultations are without
charge, regardless of whether Jim accepts your case.
DISCLAIMER: The content above is not intended to be legal advice to the reader.