Pre-Arrest:

At this stage of the proceedings, perhaps you are just being accused of a crime. Perhaps the police are trying to contact you or maybe Loss Prevention at your work. Call us immediately at 949-364-1199 before speaking to ANYONE regarding your case. You have an absolute right to remain silent in this country and just like you are told "anything you say may be used AGAINST you in a court of law". Do not make any statements without consulting our office. Often times, Mr. Stivers can make this statement for you, thus preventing it from being used against you in a court of law. Additionally, Mr. Stivers has been very successful in contacting the appropriate authorities and making these cases "go away" before becoming a much more serious matter. If you have been accused of a crime, please contact our office immediately at 949-364-1199.

Arrest:

The police arrest someone based on probable cause that they have committed a criminal offense. However, the police do not file the charges. They simply provide reports and evidence to the prosecuting attorney, who then decides whether or not charges should be filed, and if so, what charges. Mr. Stivers can attempt to contact the DA's Office and prevent a case from being filed against you. Under no circumstance are you to give a statement to the police.

Filing the Complaint:

The prosecuting attorney files the document with the court, which alleges the charges against you. A court date is set for your arraignment or entry of plea.

Arraignment/First Appearance:

At the arraignment, you are formally advised of the charges and your constitutional rights. Bail is often set during the arraignment. Bail is used by the court almost like an "insurance policy" that you will appear on future court dates. The amount of bail is decided according to a scheduled amount. If you are found to be a flight risk or a danger to society, the Judge may increase the amount of bail.

Bail amounts can range from being released on your own recognizance, all the way up to millions of dollars. In some cases no bail is allowed. In Orange County, felony probation violations are categorized as "no bail".

Pre-trial Conferences:

At the pre-trial conferences, Mr. Stivers discusses the case with the prosecuting attorney and often may include the judge in this process. This is round one with DA. This is a good opportunity to speak with the prosecution in order to obtain the best possible deal, or plea-bargain. At this stage Mr. Stivers will present character evidence to present his client as a real individual and not just a case number. Character evidence may include, background information, reference letters, family photos, awards and certificates, pay stubs, tax returns, etc. These items go a long way in allowing the DA and the judge to understand exactly who you are. It is very helpful in achieving great result in your case, if the Courts and the DAs know who they are dealing with. Without this being done, you are just another case number and another person that has done something wrong. They will not know of any of your good attributes, as the police will conveniently leave this information out of their reports. Mr. Stivers will use the pretrial hearing to provide information which may prove your innocence or extremely lessen the severity of the punishment that you receive.

Preliminary Hearing:

Preliminary Hearings are held in all felony offenses to review probable cause. The Preliminary Hearing is our first chance to hear a portion of the DAs case. In the majority of cases, we will reserve our defense at this point in the proceedings, so as to not tip off the DA with our legal strategy. The DA will have to present evidence supporting the charges at a minimum level of threshold (only a minutia of evidence on each crime has to be shown-Judge doesn't have to decide that the crime happened or not, just that it could have happened..."reasonable cause to believe it could have happened and could have been committed by this defendant". This is necessary for the judge to determine whether there is sufficient evidence to support the charges against you. Once a Judge determines that there is probable cause, he sends the case to the Superior Court for trial. The majority of all criminal cases will be sent to trial. During the Preliminary Hearing, the district attorney or the judge can add additional charges and/or readjust the bail.

Arraignment in the Superior Court:

If the judge has determined that there is probable cause to support the charges, the prosecutor will file a charging document called an Information in the Superior Court. The Information alleges the charges which you are facing at trial. At this time, you are formally advised of the charges and your constitutional rights. Again, you enter a plea of not guilty. Mr. Stivers may be able to present some evidence to the Judge at this point in the hopes of settling your case.

Pre-trial Conferences:

Pre-trial conferences start all over again. Mr. Stivers will again present all your character evidence in a hope to resolve or dismiss your case.

Trial:

During the jury trial you are entitled to have a jury of twelve impartial jurors. Both the defense attorney and the prosecuting attorney have an opportunity to make opening statements, introduce witnesses and evidence in favor of their case, cross-examine witnesses and offer closing arguments. During the deliberation phase of the case, the jury decides whether the prosecution has met the burden of proving guilt beyond a reasonable doubt. If the jury finds you not guilty, you are free to go and not subject to further prosecution based on the same offenses. Mr. Stivers will go over the positive and negative implications of going to trial and discuss whether this option is right for your particular case.

Sentencing:

If you are found guilty, the sentencing hearing is where the judge determines and imposes the appropriate punishment. You may be sentenced to probation, jail, or even to a term in state prison. Different crimes carry different possible penalties. You are entitled to a sentencing hearing to propose why you believe the judge should give you the lowest possible penalty. You will be invited to speak at this hearing and to have anyone who you would like speak on your behalf. One's remorse for the now proven crime goes a long way in minimizing one's punishment. Mr. Stivers will prepare a sentencing brief, which will put together all of your character evidence in an attempt to sway the Judge to impose the most lenient sentence possible.

Collateral Consequences

In addition to any sentence imposed by the court, conviction can have a number of additional consequences. In felony cases, these consequences can include, but are not limited to: loss of the right to vote, loss of the right to possess a firearm, loss of the right to associate with other known criminals or drug users, loss of your children, loss of your fourth amendment rights, registration as a sexual offender, registration as a narcotics offender, entry of your DNA data into a databank, or increased penalties for future convictions. It is imperative that we do everything possible to avoid these collateral consequences.

Appeals

If convicted, you may file an appeal to an appellate level court with the argument that the trial court made legal errors. If the defense can prove that the trial court made legal errors, or you were denied due process of law or a fair trial, it may result in the reversal of your conviction. You must file a Notice of Appeal within 60 days of the ruling or judgment.

Parole:

Parole is a conditional release from prison which entitles you to serve the remainder of your term outside of prison. However, you are still under the supervision of the department of corrections. Parole is a little bit more lenient than probation, but still has the authority to send you back to the joint for up to a year at a time for parole violations. Parole violations are also held as "no bail". If you do committ a parole violation, a private attorney can conduct your parole hearing as an informal trial and attempt to prove you were not in violation.

Expungement:

Expungement is a process where, as long as you were given probation and successfully completed that probation, your conviction may be removed from your record. This will release you from the obligation of reporting your conviction on any application for employment. Your guilty plea will be set aside, a not guilty plea will be entered and you will be released from all obligations associated with that case. Mr. Stivers only charges a minimal fee plus any filing fee to accomplish this task.

ORANGE COUNTY'S LEADING #1 FAMILY LAW ATTORNEY

Attorney Stivers is concerned, commitment, and experienced in his practice of defending criminal law cases and fighting for the rights of the innocent. If you are the victim of police aggression, DEA, unlawful search and seizure, a wrongful arrest, or any assault on your God given Constitutional rights, you need to call my office now!

Attorney Stivers is experienced in family law, child custody, and legal separation. He is readily available to his clients and supporting to them through their troubling time. Attorney Stivers has rightfully earned the respect of Prosecutors and Judges because he is not afraid to challenge them on any issue.

Attorney Stivers handles the following types of family law cases:

The Law Offices of Jeffrey N. Stivers, is located in Laguna Niguel, in Orange County California, and is dedicated to serving the needs and protecting the rights of his clients.

Jeffery N. Stivers represents clients in California as a criminal defense attorney and an authority on marijuana laws. Based in Orange County, Attorney Stivers serves the areas of Laguna Beach, Huntington Beach, Irvine, Lake Forest, El Toro, Tustin, Anaheim, Orange, San Clemente, Dana Point & Newport Beach.

The Law Offices of Jeffrey N. Stivers handles all Misdemeanor and Felony matters, as well as all Family Law and Criminal Defense cases.

Attorney Stivers is available to you 24 hours a day.

CALL (949) 364-1199

---