If your criminal case is filed, there are three options of the further development of the case:
– The case can be dismissed;
– You can plea bargain;
– The court can apply a California Diversion Program;
– Your case will go to trial.
The case can be dismissed if it has been discovered that there are no crime elements or the true offender has been found. In most cases, the accused can choose between two options: he or she can plea bargain or be tried by court.
Thus, if it is not possible to dismiss the case, your attorney must find the most convenient outcome to you taking into consideration the circumstances of each specific case. The plea bargain is a “bargain” between prosecution and accused. Both sides agree to set aside some personal interests and settle the case as soon as possible. The prosecution gets punishment for the offender, but it is not as harsh as it could have been. The defendant gives up a chance to be set free from the punishment but he or she get the possibility to be subjected to the predetermined sentence which is less than the prosecution required before.
Generally, the judge approves “bargains” reached by the sides in order to faster the procedure and make trial more effective. Thus, the prosecution handles the matter of charge; meanwhile the judge approves the sentence.
Example: a carjacking accusation can be pled down to a joyriding, which is a “wobbler” and can be charged whether as a felony or a misdemeanor. Later, it can be reduced to a misdemeanor and it will be easier to get your California expungement.
If case is not dismissed or no plea bargain has been reached, the case goes to trial. A prosecutor has to prove beyond any reasonable doubt that the defendant is guilty; however, there are still chances to dismiss the charge basing on the circumstances of the case. It is also possible to get plea bargain on trial day but it is not effective and it can result in dangerous consequences such as rejection of the prosecutor to conclude a “bargain”.
Upon the prosecutor consent, the court can grant allow the defendant to participate in one of the California Diversion programs. After having it completed, the charges will be dismissed and moreover, the offender will still have the right to apply for expungement. We invite you to get to know more about Diversion programs in California by following link .
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. If you or a loved one have been accused of committing a crime, we are ready to help you to understand the various aspects of your case. You will find out California legal defenses applicable to your specific case as well as we will provide answers to your initial for free. Do not hesitate to contact us!
You may file your request online, by telephone or by mail. 818-553-1000