What Happens At The First Hearing In A Criminal Case

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Criminal Defense Attorney Jamahl Kersey

6 жыл бұрын

Criminal Law 101. Attorney Jamahl Kersey explains what happens at the first appearance in a criminal case known as the Arraignment. This will be the first of a series of videos in which we break down criminal law for you. Stay tuned!
Jamahl Kersey is a Criminal Defense and Immigration Lawyer in San Diego, California. He has defended all kinds of criminal cases from petty theft up to high-profile homicide. He started his legal career as a file clerk while in college at San Diego State University.
He attended Law School at the University of San Diego. As a student, he served as an intern for a Superior Court Judge, learning the ins and outs of the courtroom and how judges ruled on legal matters. He then became a Certified Legal Intern at the San Diego District Attorney's Office in the Family Protection Unit and the Superior Court Division. Jamahl completed his first felony jury trial while he was just a second-year law student, an impressive feat and an important milestone in his career.
Jamahl competed in National Mock Trial Competitions, helping his team take 1st place in the San Diego Defense Lawyers National Competition. He was named as one of the top eight oral advocates of his graduating class.
After taking the California Bar Examination, Jamahl did his post-bar clerkship at the San Diego District Attorney's Office where he again tried a felony case before a jury before becoming licensed as an attorney.
Jamahl started his career as an attorney at a defense firm in Orange County, defending companies from lawsuits. After his exit from the firm, he started Kersey Law in 2010.
In addition to criminal matters, Kersey Law handles immigration cases. Kersey Law assists with green cards, visas, and citizenship applications. Jamahl also defends people from deportation.
For more information, visit our website at www.kerseylawoffice.com
You can find Kersey Law on Facebook at / criminaldefensesandiego
Kersey Law is on Instagram @kersey_law and Twitter @kersey_law
Kersey Law is located at
427 C Street, Suite 313
San Diego, CA 92101
Office Number is 619-399-3662 Call for a free consultation

Пікірлер: 96

@padrefrancisco5262 3 жыл бұрын

Very informative!!!! Thank you so much for this video helped me out a lot brother ! 🙏🏼💪🏼 may good bless you years to come ! Keep up the good work ✅✅✅✅🤓

@JamahlKersey 3 жыл бұрын

I'm glad you got something out of the video! Thank you, and may God bless you and yours as well!

@sabarca714 2 жыл бұрын

Thank you for this enlightening video. 🕊️🖤

@JamahlKersey 2 жыл бұрын

I’m glad you got something out of it. Thanks!

@derinsider3438 4 жыл бұрын

Very informative . Many thanks

@JamahlKersey 4 жыл бұрын

You're welcome, and thank you!!

@u.r.wanted2know163 4 жыл бұрын

Shalom bruh...thanks for the video

@JamahlKersey 3 жыл бұрын

You're welcome! And thank you!

@erikg5273 3 жыл бұрын

Great explaination

@JamahlKersey 3 жыл бұрын

Thank you very much!

@michaelpatschak9612 2 жыл бұрын

Thank you!

@JamahlKersey 2 жыл бұрын

You’re welcome! Thank you for watching!

@PhunnyMunny 4 жыл бұрын

Great video

@JamahlKersey 4 жыл бұрын

Thank you very much!

@AntiMasonic93 4 жыл бұрын

I wonder if suppression motions can be presented to the trier of fact at the arraignment hearing. Generally, the preliminary hearing is when counsel and the State will discuss what evidence is or isn't admissible; however, I wonder if such discussion pertaining to the admissibility of evidence can be argued in another court preceding.

@JamahlKersey 4 жыл бұрын

In over 10 years of practice, I've never seen a suppression motion addressed at an arraignment. Here's a few reasons why: One, prior to the arraignment, there's not a case in which such a motion can be filed. Two, the defense attorney hasn't seen any discovery yet (police reports, videos, photos, etc.). Three, motions must be filed a certain number of days prior to the hearing, allowing the opposing party to respond. In San Diego, for misdemeanors, a motion hearing would be calendared for the judge to hear the suppression motion. In felony cases, the suppression motion is addressed at the probable cause hearing (termed a preliminary hearing).

@kellybrown34 4 жыл бұрын

I'm currently studying criminal justice in college and I'm having a bit of confusion with first appearance and arraignment. Although they appear very similar I'm not exactly sure which one comes first.

@JamahlKersey 4 жыл бұрын

It can vary by jurisdiction. Some courts have an initial appearance where bail is addressed, and the arraignment comes at a later date. In the San Diego Superior Courts (where I primarily practice), the arraignment is the initial appearance. The addressing of the charges, acknowledgment of constitutional rights, and the issue of bail are all addressed within the same hearing.

@airbornecow1 3 жыл бұрын

after the arraignment, do you present your evidence at pre-trial?

@JamahlKersey 3 жыл бұрын

After the arraignment, the prosecutor will provide the evidence they have. If we have evidence that would be helpful to our defense, ideally I'd get it over to the prosecutor in advance of the next pretrial conference so they can be prepared to consider my offer or counter offer.

@onyxfox.09 3 жыл бұрын

this helps a lot. I'm 18 and I made a really stupid choice to steal products from my work that cost over $1500 causing it to be a felony in my state. it's been 1 month since it happened and I finally have my first appearance soon, I've been having panic attacks due to the guilt I'm feeling, and watching this video helps me what to expect. yeah I know you don't need to hear my story but it feels good to say so anyways.

@JamahlKersey 3 жыл бұрын

I really appreciate the comment. I'm glad my video helped you in some way. A lot times people are completely in the dark when it comes to getting charged with a crime. I hope everything works out for you. Remember, one mistake in your life does not define you. Best of luck in the future!

@onyxfox.09 3 жыл бұрын

@@JamahlKersey yup, thanks a lot👍

@JamahlKersey 3 жыл бұрын

@@onyxfox.09 You're welcome!

@icemike1 3 жыл бұрын

I hope you recover

@fordnutstain6895 2 жыл бұрын

How’d it go because I’m im a similar situation

@jaiyi3837 4 жыл бұрын

Hi my family member is being charged with DV and Assault with a deadly weapon both felony and they have no prior criminal record all this is in the state of Cali.

@jaiyi3837 4 жыл бұрын

Do you know what could possibly happen here ?

@JamahlKersey 4 жыл бұрын

I'm sorry to hear that. My advice would be to have them call to schedule an appointment with me at 610-399-3662.

@JamahlKersey 4 жыл бұрын

@@jaiyi3837 On a DV and Assault with a Deadly Weapon charge, it depends. It could be a mere probation case with no jail time, or we could be talking prison depending on the severity of the circumstances. Again, my advice would be to give us a call for a more in-depth consultation. Thank you!

@ProjectoGang Жыл бұрын

Hello sir, hope you’re doing well. Please help 😢 some people came over my house and vandalized my car, I have a LTC so i chased and caught one of them and called the cops. They took a report and we all got sent home that night. 2 weeks later the kid said i pointed the gun and threaten his life and now I’m been charged with felony. There’s no proof of me doing that and i have witness that saw the whole incident. I have my first arraignment in 2 weeks, what to expect? Should i say i have witness or wait till pre-trial? Thank you so much

@JamahlKersey Жыл бұрын

First of all, that name is hilarious! 😆 Sorry to hear your car was vandalized, that’s horrible. I know how that feels. We’ve certainly dealt with this kinds of cases in the past. You’re going to want your lawyer to have their investigator get a statement from your witness that you didn’t do what is being reported. At the end of the day, this person was the one originally in the wrong. He’s probably not going to be very credible. Your lawyer can then get that statement to the DA to show that that guy is totally lying to cover himself and get out of the crime he committed. Hopefully your lawyer can get you out of this sooner rather than later. I hope everything works out.

@JillianBuker 3 жыл бұрын

hi one of my cousins got a dui charge for marijuana but she has her medical card, and she has no prior criminal record. she can’t afford a lawyer and has not heard back if she will get a public defender... what should we expect ??

@JamahlKersey 3 жыл бұрын

Having a medical marijuana card does not permit you to drive under the influence of marijuana. However, it can be a challenge for prosecutors to prove that the driver was under the influence at the time of driving because of the amount of time marijuana stays in one's system versus alcohol. Depending on the objective symptoms of being under the influence, or lack thereof, she may have a solid defense. If she cannot afford an attorney, a public defender will be assigned. She cannot be forced to defend herself without counsel.

@myriambl 3 жыл бұрын

My friend has a charge of fraud by cheques of over 5000$, first court appearance is in a month. They are a young adult student, no priors. The total amount is around 40 000$. What do you think will happen?

@JamahlKersey 3 жыл бұрын

Sorry that's not quite enough information to offer an opinion. I would suggest they reach out to a criminal defense attorney for a consultation. But generally, in those kind of theft cases, if one did what they're alleged to have done, it helps a lot to pay the money back. Additionally, letters of support can go a long way, in addition to an explanation of why the person did what they did in order to provide context for their behavior.

@omaroba1490 3 жыл бұрын

I filed harassment charges on my ex roommate. May 25th first trial date. So i came here to see what i need to do. Does the victim have to show up?

@JamahlKersey 3 жыл бұрын

Sorry, I don't know what you mean by "filed harassment charges". Are you suing him, did you file a request for a restraining order, or did you report the issue to the police and now there's a court case?

@arliciawalker 3 жыл бұрын

Very informative, but am trying to find a lawyer here in AZ, because I tested positive for covid-19 and been treated very horrible while living in my apartment- and my landlord was very disrespectfully towards me! 😡 While living in the apartment with covid 19. They did not give me anytime to quanartine.

@JamahlKersey 3 жыл бұрын

I'm really sorry to hear that. You should search for a tenants' rights attorney to assist you with that. I hope everything works out.

@arliciawalker 3 жыл бұрын

@@JamahlKersey thank you so much for your reply sir and thank you so much for your advice I really appreciate it and I have subscribed to your channel thank you have a Great Day 😊!

@JamahlKersey 3 жыл бұрын

@@arliciawalker I appreciate you subscribing! You have a great day as well!

@sobad9081 Жыл бұрын

Hello please reply!!!!! I was locked up for like 9 hours one 11/5 then was released on the same day….Some month back I an anonymous person used my account to do fraudulent checks but all those checks were reversed and my bank account was closed…so I thought everything was out the way all this happened months ago….now I have court 11/23 to go see the court clerk and I was charged for 155.30..this is my first time and I have had a clean record…PLEASE reply what should I do!

@JamahlKersey Жыл бұрын

Sorry to hear about your situation, Sobad. You’ll need to explain to your lawyer that you did not conduct these transactions. At the end of the day, the DA would have to prove beyond a reasonable doubt that you conducted these transactions. So if you didn’t do it, let your lawyer know, so they can communicate this to the prosecutor to get your case dismissed. I hope everything works out!

@sobad9081 Жыл бұрын

@@JamahlKersey thank you🙏🏾

@oghoghookunoghae6569 4 жыл бұрын

hi ..a friend shoplift stuff worth $180 and she is going to face the court next month..she don't have a lawyer. she cant afford one.she is a mother of 3..a student ..what will happen to her

@JamahlKersey 4 жыл бұрын

She'll likely have to take a shoplifting course, pay some fines, and she'll be on probation. If she complies with terms, the case should probably get dismissed.

@keonnaarielle 2 жыл бұрын

hi i have no criminal history and was recently caught shoplifting $171 worth if items,a misdameanor(located in Georgia btw)I have court january 12th, can i do a diversion program and not go to court

@keonnaarielle 2 жыл бұрын

also would it be a good idea if i plead guilty,ik i did the mistake it would make no sense to plead not guilty right?

@04sinaloa17 4 жыл бұрын

Hello.. I don't have any social media so I can't reach you through there but I know a relative who is being charged in Havasu for aggravated assault towards a PO, but he was unconscious, he doesn't remember anything. He has no criminal record, he doesnt drink, he's clean. But we are afraid of this situation. He has arraignment coming up.. But don't know if he should show up with a lawyer or by himself? Please help. God bless you.!

@JamahlKersey 4 жыл бұрын

Is the case in Arizona or California?

@04sinaloa17 4 жыл бұрын

Arizona.. He lives in Nevada, he was just at the wrong place,wrong time 😭

@JamahlKersey 4 жыл бұрын

@@04sinaloa17 I am not licensed in Arizona. Have him contact rrlawaz.com/ Those guys are great, and can get him taken care of. Best of luck.

@ninascherry3274 11 ай бұрын

I didn’t know I had a court date until some random attorneys sent me letters requesting to represent me. Looked up the docket on these random attorneys letters and lo and behold there it is. How does this happen🤷🏽‍♀️ Are prosecutors in business in selling peoples information without them knowing. Cart before the horse type sh!t.

@User0player1 4 жыл бұрын

how can one prove the claim, "not guilty"? how does one prove a negative? is this why prosecutors prevail 98% of the time?

@JamahlKersey 4 жыл бұрын

Good question. Really the defense doesn't have the obligation of proving anything. It's the prosecutor's burden to prove guilt beyond a reasonable doubt. I don't really look at what prosecutors or defense attorneys do as "winning", "prevailing", or "losing" in the sense that most people believe. Realistically, if someone is charged with an offense that they in fact committed, then overall the conviction rate probably should be high. I've been an attorney over 10 years. There's only been a handful of my clients that have been completely innocent. The rest did something. Maybe not to the extent of what they're being charged with, but there was something there. At the end of the day, it's about protecting one's constitutional rights, and doing your best to make sure they get treated fairly within the system.

@zachwachs7913 2 жыл бұрын

That's a nice f**kin shirt ! Where did you get it ?

@JamahlKersey 2 жыл бұрын

Haha, thanks! I want to say it’s an English Laundry shirt. I don’t remember where I got it, it’s been years! 😅

@zachwachs7913 2 жыл бұрын

@@JamahlKersey I'm a Real Estate Agent next door to you in Arizona. I love nice suits and I'm always on the look out for more good stuff. I have decided I want to pursue a career as a criminal defense Lawyer , I will have to figure out how to juggle the Real Estate business and School at the same time. I appreciate your service to the community as well as KZfaq channel. Keep kicking ass my friend !

@spookz3621 3 жыл бұрын

i know someone who was caught trespassing on a school property and has a court hearing date in a month. they understand their mistake and have no solid defense otherwise on why they shouldn’t be guilty. they’re a minor and had no bad intentions on stealing/breaking/vandalizing anything... what are the possible consequences for them??

@JamahlKersey 3 жыл бұрын

That may end up just being an infraction with a fine.

@rubenmosqueda6327 2 жыл бұрын

My girlfriend and I had a discussion because she went trough my phone police got the the house and took her saying it was a crime now she got the charges for DV and for tampering she got court on Monday I need help

@JamahlKersey 2 жыл бұрын

If the case is in California, we can help. Give us a call at 619-399-3366.

@rubenmosqueda6327 2 жыл бұрын

@@JamahlKersey it’s in Denver colorado but she court on Monday and I don’t know anything this is my first time going through all this do you think she can get out with bond?

@JamahlKersey 2 жыл бұрын

@@rubenmosqueda6327 she should be able to get out on bond before the hearing. Have you tried to connect with a bail bondsman?

@MsKekee 3 жыл бұрын

Do you know if you’ll get the case dismissed before you get to court? Just curious no issues was actually looking for comedians damn!

@JamahlKersey 3 жыл бұрын

Sometimes the prosecutor will decline to file charges such that no charges are filed by the time the person shows up to their first court appearance. As defense attorneys, we can sometimes present information to the prosecutor to persuade them to not file charges.

@nica523 3 жыл бұрын

Hey man,A lady lied and accused me of sexual assault,administering noxious substance...I have my first hearing in a months time..what do you think could happen

@JamahlKersey 3 жыл бұрын

There are a whole world of possibilities, honestly. But those are pretty serious charges. If you don't already have an attorney, you need to reach out to one ASAP. And don't give details about your case to anyone except your lawyer.

@nica523 3 жыл бұрын

@@JamahlKersey the problem is that it was consensual and offcause they found DNA..will it be possible to beat the charge as my head is spinning thinking my life is about to go down the drain..what exactly could be one outcome .

@JamahlKersey 3 жыл бұрын

@@nica523 In that case, I would be reaching out the DA to inform them that any sexual activity was consensual. At the same time, I would be working with my client to come up with the motive as to why the alleged victim would say that it was not consensual. Again you need to consult with a defense attorney. One this type of charge, it's possible you could go to prison. This is a serious matter. You need to get moving with your defense.

@nica523 3 жыл бұрын

@@JamahlKersey thank you very much,for the help sir

@JamahlKersey 3 жыл бұрын

@@nica523 Of course.

@tamerkashou4243 4 жыл бұрын

I have a question. I was a victim to a crime. Long story short, someone was arrested for pointing a gun at me... He bailed out 2 days later from jail... Jan. 23rd is his arraignment... does the judge set a new bail or since he’s already bailed out there does not have to be a second bail?

@JamahlKersey 4 жыл бұрын

The judge can leave the bail as set, or if the circumstances merit it, he or she can raise the bail at arraignment.

@04sinaloa17 4 жыл бұрын

😭😭😭😭😭Please

@Dimples_Trapmembersapparel Жыл бұрын

Please please comment back I have court in 8 days !!!!!!! In 2021 I caught a theft of property first charge and they gave me a restitution amount to pay back I paid it back November 2021 and they issued a warrant December of 2021 I got arrested march 2022 although I paid back the restitution so they offered me youthful offender status I didn’t go to court to be approved for it until I was arrested but my public defender doesn’t answer or email me back so during the time of me waiting to be approved for youthful offender status my mom lied on me and said I took a wig and they charged me with theft of property 3rd degree they arrested me again and revoked my bond but the judge let me out and put me on color code I don’t know what will happen when I go to court I’m out on pre trial what do I do ???

@JamahlKersey Жыл бұрын

Give your attorney all the information he needs to show the DA that you didn’t steal the wig, and that your mother is lying. It’s pretty bizarre to think that a mother would lie on her child like that, but it’s not unheard of. If you can show your attorney why your mother would lie on you in such a way, that would be helpful. I hope things work out for you.

@maltheri9833 3 жыл бұрын

I'm sorry because I know you get tired of getting asked questions all the time and giving free legal advice but my brother has an abduction misdemeanor where he was accused of holding someone at knife point. Hes pleading not guilty and swears he didnt do it but if hes guilty how much time would he get?

@JamahlKersey 3 жыл бұрын

No problem! I try and answer as many questions as I can, but I get busy and I can't always get to them. If it's a California case, 1 year in county jail is the maximum you can do on a misdemeanor. With good time credits, that would be 6 months, sometimes even less. Thanks for writing!

@howardkey6152 2 жыл бұрын

I don’t have a public pretender yet so wtf I’m supposed to do just show up by myself 😐

@JamahlKersey 2 жыл бұрын

I can’t support the “public pretender” line. I personally know public defenders who are some of the best lawyers in the country. Unfortunately, there are less than ideal lawyers in general, public and private. Anyhow, you could hire an attorney, and they would show up with you. If you don’t have an attorney, a court appointed lawyer will be assigned. Either way, you won’t be alone before the judge. I hope everything works out for you.