When you or someone you love is facing homicide charges in California, there is no need to tell you how serious the situation is. But it can be very helpful to know what to expect in the case. When you work with a dedicated and knowledgeable defense attorney, your legal advocate can guide you through each stage in the process. The right attorney will understand how to take advantage of the best opportunities for defense at every stage in your case. We are offering this information just for general background purposes.

Securing solid advice and representation is the most important step you can take when you find yourself facing homicide charges. Every minute you delay could cost you another chance at the best outcome. That’s because each stage in the criminal proceedings offers different opportunities to protect your rights and strengthen your defense.

The First Stage: Investigation and Arrest

Police need probable cause to make an arrest. Sometimes, circumstances give them cause as soon as they arrive on the scene of a homicide. Other times, they conduct a thorough investigation before making an arrest. They may have been interviewing witnesses, reviewing security camera footage, and analyzing forensic evidence to determine whether the evidence makes it probable that the crime was committed and that an arrest should be made.

Police need to follow appropriate procedures before, during, and after an arrest. This includes informing the suspect of their right to avoid self-incrimination by remaining silent. They should also inform the suspect of the right to an attorney.

Police will work with prosecutors, who will review the evidence to determine whether a conviction is likely. A skilled defense attorney may be able to negotiate a favorable resolution by pointing out weaknesses in the prosecution’s case.

The Second Stage: Arraignment and Bail

Police cannot hold someone for long without formally charging them with a crime. This occurs in a court appearance known as the arraignment. The prosecutor names the specific charges against the person accused, who is referred to as the defendant. In a homicide case, the charge could include first or second-degree murder, vehicular manslaughter, voluntary or involuntary manslaughter, or variations of these offenses.

After the charges are read, the accused person gives only a simple answer. They either admit the charge and plead “guilty” or they deny the charge and plead “not guilty.” This is not the time for explaining why—that comes much later. The arraignment ensures that the defendant knows the precise crime they are accused of, and it tells the prosecution they must be prepared to present evidence and arguments to prove the defendant is guilty.

Although the court portion of this process seems very simple, the defendant may be put under considerable pressure and could end up saying or doing something that proves very harmful to their legal defense. It is important to have legal representation before the arraignment, which often occurs within 48 hours of the arrest. The sooner the accused has an experienced attorney representing them, the better protected they will be. An attorney may be able to demonstrate that the accused person does not pose a risk and should be released on bail, which is not automatic in homicide cases.

The Third Stage: the Preliminary Hearing

When someone has been accused of a felony, the courts hold an initial hearing before a full trial. This is a preliminary hearing or “prelim.” Before holding a full trial, the prosecution must convince the court that it has sufficient evidence to establish a strong suspicion of guilt. The prosecution may present the same type of evidence it would at a full trial, such as witness testimony. The defense can challenge this and present their own evidence and arguments.

This hearing provides an opportunity for a prepared defense attorney to persuade the judge that the prosecution’s evidence is not adequate to justify trying the case or that charges should be reduced substantially. However, it is important to be aware that the burden of proof is lower than it is in a full trial. The prosecution may present evidence and arguments that give the judge sufficient reason to schedule a full trial, but later in the trial, the defense may still be able to show that there is insufficient evidence to find the defendant guilty.

There is often an opportunity to negotiate a satisfactory settlement at this point. If the judge decides the case should proceed to trial, there will be a second arraignment.

The Fourth Stage: Pre-Trial Motions and Discovery

At this point, the defense learns what the prosecution intends to present as evidence. This includes police reports and lab results. An attorney experienced in homicide defense can analyze this evidence for weaknesses that can be exploited to sow reasonable doubt and gain an acquittal. If evidence was obtained illegally, the defense can file a motion to exclude it so the prosecution cannot use it. The defense may also uncover additional useful information to defeat the prosecution’s arguments and evidence.

The Fifth Stage: Plea Negotiations

Although negotiations to settle the case may continue throughout the proceedings, they often intensify after the discovery process. The prosecution or defense may offer a reduced charge with lesser penalties. It is important for the defendant to understand the ramifications before accepting or rejecting an offer, so it is wise to work with an attorney who is willing to explain everything in detail and help assess the options and likely outcomes.

The Sixth Stage: The Trial

If the case has not settled, then it proceeds to trial. This begins with the Voir Dire process, during which the jury is selected. During the trial, the prosecution will present its opening statement, and the defense will do the same. Then the prosecution will present evidence. The defense has the opportunity to challenge that evidence, for example, by cross-examining witnesses.

It will be necessary for the prosecution to prove every element of the crime beyond a reasonable doubt, so a knowledgeable defense attorney will know the most effective tactics to create doubt about each element of the crime. After both sides have presented all their evidence and completed challenges, each attorney will sum up their evidence with a closing argument. Then the jury will retire to discuss what they’ve heard and reach a consensus. If the jury cannot agree, the case may have to be retried.

If the result is a conviction, the judge will assess the penalties in accordance with statutory guidelines. The defense attorney should be prepared to introduce all appropriate evidence to mitigate the penalties. Depending on the situation, it may be possible to appeal the decision to a higher court for a reevaluation of legal issues.

Berkowitz Law Works to Protect Defendants at Every Stage of a Homicide Case

The stakes could not be any higher than they are when someone has been accused of homicide. Potential penalties and damage to reputation can destroy the future of anyone accused of this offense.

With our extensive courtroom experience, Berkowitz Law understands how to make a positive impact for our clients at every stage of a homicide case. But every client is in a different position, so to determine the best approach for your case, we need to talk with you to understand the circumstances that make your case unique. We invite you to schedule a confidential consultation by calling 510-947-0300 or contacting us online now.