Attorney At Law
Vincent J. Russo
5020 Campus Drive
Newport Beach, CA 92660 info@occriminallaw.com
Southern California
Criminal Defense Attorney
949 474 7799Telephone:
Criminal Law
California Criminal Law Information California Criminal Substantive Law California Criminal Procedure Law
www.orangeduilaw.com
DUI.
Felony DUI.
Driving on Suspended.
Marijuana Offenses.
Medical Marijuana.
Drug Offenses.
White Collar Crime.
Inchoate Offenses.
Assault.
Battery.
Larceny.
Embezzlement.
Forgery.
Robbery.
Burglary.
Murder.
RICO.
Due Process.
4th Amendment Law.
5th Amendment Law.
6th Amendment Law.
8th Amendment Law.
Mens Rea & Actus Reus.
Criminal Intent.
Expungement.
Orange County Criminal Attorney
Criminal Rules of Evidence
Hearsay
Opinion Testimony
Relevant Evidence
Due Process of Law
Do you need a Criminal Defense Attorney who Understands Constitutional Criminal Law?
Do you have a criminal case filed against you and need to understand your due process rights? Do you need the assistance of a criminal defense lawyer who understands criminal procedure law? A lawyer in our Orange County office has experience with these issues and can help you resolve your criminal legal issues so they have minimal impact on your life. We have an attorney who understands due process of law who will zealously represent your interests. If you have a legal problem and require the services of an attorney who understands constitutional criminal procedure law, please feel free to contact a criminal lawyer in our Orange County office for a consultation. Due Process of law clauses can be found in both the 5th amendment and 14th amendment to the constitution and incorporate other portions of the bill of rights. Generally the 5th amendment due process clause is applicable in criminal matters.
Below please find a brief synopsis of some of your constitutional rights as they relate to criminal proceudre law and/or due process.
Some Rights in Criminal Proceedings
Below please find a brief synopsis of some of your constitutional rights as they relate to criminal proceudre law and/or due process.
You have the right to know the charges against you and to have the complaint against you read to you.
You also have the right to a reasonable amount of time, not less than one day, within which to answer the charges against you.
You have the right to an attorney: You have the right to the assistance of an attorney at every step of the proceedings.
You have the right to a reasonable bail: You have the right to be released on reasonable bail. In some instances, you may be released on your own recognizance, where you sign an agreement to return to court whenever ordered. Willful failure to appear is a misdemeanor and a bench warrant may be issued for your arrest.
You have the right to a speedy trial: You have the right to have your trial: a. Within 30 days from the date of your arraignment if you are in custody at the time of your arraignment, or 45 days if you are not in custody. b. UNLESS: i. The court determines good cause, or ii. You give up your right to have to have the trial heard within the time period c. The case must be tried within 10 days of the agreed rescheduled date, should there be one d. You have the right to a dismissal of all charges in that case if the above time conditions are not satisfied
You have the right to a public trial by jury: You have the right to a public trial by jury. However, you may give up your right to the jury trial and have a court trial, where the judge will hear all eveidence. a. Rights During Trial: Regardless of whether you have a trial by jury or by judge, you have a right to the following: i. Attorney Present: You have the right to have an attorney present during your trial. ii. Confront and Cross-Examine Witnesses: You have the right to watch their testimony and ask them questions about it. iii. Subpoena Witnesses: You have the right to make witnesses appear in court and present evidence about their testimony. iv. Right to Testify: You have the right to testify yourself. v. Right to Remain Silent: You have the right to refuse to testify and remain silent. If you do not testify, your silence cannot be used against you. If you testify, you may be cross-examined about your testify. vi. Appeal: You have the right to appeal from a final judgment of conviction and from any order made after judgment affecting your substantial rights. b. Right to Know Maximum Penalty Upon Conviction: The maximum penalty for some misdemeanors is one year in county jail and/or $1000 fine. However, the maximum penalty for most misdemeanors is six months in jail and/or $1000 fine. The court may also impose probation, order you to pay a restitution fee, and/or all statutory fees assessed.
You have the right to enter a plea: You have the right to enter any of the following pleas: guilty, not guilty, no contest (subject to court approval)(a no contest plea is has the same force and efect as a guilty plea except that the plea can not be used against you in a civil trial), former judgment, once in jeopardy, and not guilty by reason of insanity. If you deny the charges, your case will be set for pre-trial settlement conference (in a misdemeanor case) with a district attorney and for trial if it is not settled. If you plead guilty, you admit the charges, and you will be sentenced. If you plead no contest, you will also be sentenced as if you had pled guilty, but the plea may not be used as an admission in any civil suit based on the act upon which the criminal prosecution is based. If you plead guilty or no contest, you give up your constitutional rights as set forth above and the right to be sentenced not less than six hours nor more than five days thereafter, unless you agree to an immediate sentence.
Right to be Sentenced by a Judge of the Court: Failure to object to a commissioner will be deemed acceptance of the commissioner as temporary judge for this hearing or trial.
In a felony case you have the right to a preliminary hearing to determine if there is sufficient evidence to justify setting your case for trial. At this hearing, you have the right to be represented by an attorney as previously mentioned, and the right to confront and cross-examine witnesses who provide testimony against you, the right to present evidence on your behalf, and the right to remain silent and not testify.
You have the right ot a trial by jury.
You have the right to confront and cross-examine witnesses as previously stated.
You have the right to testify or remain silent and your silence can not be used against you. You cannot be compelled to testify against your will.
You have the right to present evidence including calling witnesses to testify on your behalf.
You have the right against unreasonable searches and seizures
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