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San Diego felony defense attorneys can change the direction of a case well before a jury is ever seated.
Key Takeaways:
In San Diego, one of the first real chances to resolve a felony comes weeks before any trial date, at a meeting in the judge’s chambers called the Felony Disposition Conference. The prosecutor often puts the strongest offer of the case on the table there, and an offer that’s turned down usually doesn’t come back.
At the Law Offices of Anna R. Yum | Criminal Attorneys, our experienced San Diego felony defense attorneys include a former prosecutor who used to make those offers. We start working through the evidence as soon as you call, so you walk into that conference knowing where the state’s case is thin.
Book your free consultation before your next court date arrives.
The San Diego County District Attorney’s Office files felony charges throughout the county, and every case follows the same basic path from there.
The arraignment is your first court appearance. The judge reads the complaint, addresses bail or release, and sets your next dates. The arraignment process also starts the flow of police reports and lab results, known as discovery.
The Felony Disposition Conference is a settlement meeting between the prosecutor, the defense attorney, and the judge. The judge may say what sentence they would impose if you accepted the offer, which gives you a concrete number to weigh.
The preliminary hearing tests whether there’s enough evidence to hold you for trial. It generally has to happen within 10 court days of arraignment if you’re in custody, or within 60 days if you’re out, unless you waive time.
The trial court stage begins if the judge finds probable cause. The prosecutor files a charging document called the information, and trial generally must start within 60 days of your arraignment on it.
A felony filing doesn’t lock in a felony conviction. Several paths can change where the case ends up.
A reduction to a misdemeanor. Many California offenses, called wobblers, can be charged either way. Under Penal Code 17(b), a judge can reduce a wobbler to a misdemeanor, which changes the record you carry afterward.
A dismissal at the preliminary hearing. If the evidence doesn’t show probable cause, the judge can dismiss the charge before it reaches a trial court.
Pretrial motions. Evidence gathered through an unlawful search or a flawed interview can sometimes be suppressed, and losing it can weaken the prosecution’s whole case.
A negotiated plea. Pleading to a lesser count, or agreeing to local custody instead of state prison, can shrink the long-term consequences considerably.
A jury trial. When the evidence doesn’t hold up under scrutiny, taking the case to trial remains a real option.
Our San Diego felony defense attorneys walk you through which of these fits your facts and help you choose the path forward.
A felony case looks different depending on which table you’ve sat at, and our team has sat at both.
From the prosecution’s table. Anna R. Yum prosecuted serious felonies for the Riverside County District Attorney’s Office, including sexual assault, gang, robbery, and murder cases. She knows which pieces of evidence a deputy district attorney is counting on and which ones they hope go unchallenged.
From the defense table. William Sharp spent most of his twenty-plus years with San Diego’s Alternate Public Defender and Primary Public Defender offices, handling serious cases that included numerous homicides. His MBA also gives him a working command of the financial records behind white collar felonies.
Marissa Mendoza trained at the Office of the San Diego Public Defender before joining our firm. Every felony case our San Diego felony defense attorneys take on gets more than one attorney’s review, and our case results include a felony assault charge dismissed after conflicting witness accounts came to light.
A felony conviction can mean prison time, a strike on your record for some offenses, and limits on work and housing for years. The decisions that shape it often happen at the earliest hearings, before most people have seen the evidence. Our San Diego felony defense attorneys are available 24/7 to start that review.
Book your free consultation to discuss your felony charge today.
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