Often, a criminal case starts with the filing of a complaint based either on police investigation or an accusation from a victim or witness. A complaint is a formal document that sets forth a crime and it can be followed by a summons or a warrant requiring the accused person to appear in court at a set date and time.
An effective Long Beach criminal attorney will work to identify issues in the law enforcement investigation such as missing evidence, improper search procedures and constitutional violations that may result in the exclusion of key evidence. A former prosecutor is in a good position to evaluate the conduct of law enforcement and spot problems such as insufficient or incomplete interviews of witnesses, mishandling of evidence or improper searches that violate the Fourth Amendment rights to privacy and liberty.
A skilled criminal lawyer will be able to advise their clients about charges, potential penalties and sentencing exposure and help them make the right decision — whether to take a plea or go to trial. They will explain the pros and cons of both options, including the impact on employment, professional licensing or immigration status. They will also advise on the pros and cons of cooperating with prosecutors.
Occasionally, cases never reach trial because the client and the prosecutor agree to a plea agreement. This process involves a lengthy negotiation and it takes a talented attorney to obtain the best possible outcome. A successful outcome to a criminal case will result in a sentence that is as close as possible to the minimum punishment required under the law, while considering aggravating and mitigating factors.