NEWSLETTER - SACRAMENTO CRIMINAL DEFENSE ATTORNEY

Types of Pleas and Withdrawal of a Guilty Plea

When an accused has been charged with an offense, he has a choice of whether to enter a not guilty, a no contest, or a guilty plea. A not guilty plea is a plea in which the accused does not accept responsibility for the charged offense. After the accused has entered a not guilty plea, the matter is set for trial. Pre-trial procedures and trial preparations then begin. More...

SPEEDING

A person commits the offense of speeding when he or she operates a motor vehicle at a speed that is in excess of the speed that is permitted under state statutes, local ordinances, or highway or traffic regulations. More...

JURY INSTRUCTIONS ON REASONABLE DOUBT

A defendant cannot be convicted of a crime unless the prosecution proves that the defendant committed the crime beyond a reasonable doubt. The standard of beyond a reasonable doubt is a constitutional requirement of due process. The United States Constitution does not require a trial court to instruct a jury on the definition of reasonable doubt. However, the Constitution does not prohibit a trial court from providing a jury with a definition of reasonable doubt.More...

Arraignments

After a defendant has been arrested, he will be scheduled for an arraignment. The defendant may have been released on bail or his own recognizance, or he may have been required to remain in jail until his arraignment. An arraignment is a proceeding whereby the offense that the defendant is charged with is read to him and he enters a plea to the offense charged. The defendant is also apprised of his right to:More...

REQUESTS FOR JURY INSTRUCTIONS

Both the prosecution and a defendant have a right to request that certain instructions be submitted to a jury when a trial court charges the jury. A request for the instructions must be made in writing and must be presented to the trial court prior to the trial court's charge to the jury. The request may also be dictated to a court reporter in the presence of the trial court and counsel for both parties.More...