Overview of the Criminal Court
& Case Processing

The Superior Court in the State of California has jurisdiction over misdemeanor and felony criminal charges. Misdemeanors are offenses generally punishable by fine and/or county jail term, and many time prosecuted by a City Attorney’s Office depending on the jurisdiction of the charges. The District Attorney’s office will almost always prosecute felonies matters and sometimes misdemeanor matters (depending on the territory or jurisdiction in which the charges occur). Felonies are generally punishable by imprisonment in the State prison and/or fines, or even the death penalty.

The Court conducts arraignments (your first appearance) where accused (commonly referred to as the Defendant) or individuals are informed of the specific charges against them. It is at this time you should be advised of your legal rights.

Any number of choices can be made at the arraignment, to continue a matter, to enter a plea, a not guilty plea and other related issues are address. The Court holds preliminary hearings on felony charges to determine if there is sufficient evidence to require a defendant to stand trial. More detailed information is located in the following sections below:

Things You Should Bring to a Consultation with any attorney

* Identification which could include a valid Driver's License, Social Security Card, picture identification, etc.
* Copy of citation, if applicable
* Appearance letter, if applicable
* Any receipts regarding the case, such as bond receipts, cash bail receipts, etc.
* Jail release papers, if applicable
* Any documents which prove or which relate to your case in any way
* Be prepared to hire an attorney with Cash, personal check, or postal money order, or Master Card, VISA etc. to pay for a retainer
* Do not use any nickname or alias; use the same spelling as listed on documents related to the case, and ensure spelling listed on documents is correct - if they are not, advise the Court.

WARNING: If you fail to appear in Court as promised, a bench warrant may be issued and may result in your being arrested and/or punished by JAIL AND/OR A FINE.

Generally -What Occurs in a Misdemeanor Case?

Misdemeanors are primarily offenses with a maximum punishment of a $1,000 fine and a county jail term of 1 year or less. However, there are some offenses which can carry a higher maximum fine. Also multiple offenses may result in exposure for each offense.

Once an arrest is made - police take the you, the defendant, or your loved one, into custody and booking. Thereafter, you can depending on the charges and processing remain in jail (or be released on signed citation in the field). It may be that a bail amount may be set by the police. If you, the defendant, are arrested and given a date to appear in court, three things can happen:

1. The defendant is released - no charges are filed;
2. The defendant posts bail or is released on his own recognizance ("OR") and is scheduled for arraignment;
3. The defendant remains in custody of the Sheriff /law enforcement agency and is brought to Court for arraignment;

Arraignment & Plea - defendant is brought to court

1. Defendant informed of charges
2. Defendant is informed of his/her constitutional rights
3. An attorney is retained by the defendant. If the defendant wishes to have an attorney but cannot afford one of his/her choice, the Court may appoint one.
4. Bail is set by the Court: Defendant is released on "own recognizance", or remains in custody if unable to post bail. Sometimes this is lower than what the police officer recommended, and sometime sit is higher. It depends on a number of issues which make I most important to have legal counsel early and fast. OR
5. Defendant enters a plea
   
   - guilty, not guilty, or no contest
   · Not Guilty - the defendant states that he/she did not commit the crime.
   
   The case is set for a future hearing.
   
   · Guilty or No Contest-
   
   · Guilty - the defendant admits that he/she did commit the crime
   · No Contest- the defendant will not contest the charge. It has the same effect as a guilty plea except that the conviction cannot be used against the defendant in a civil suit.
   · If the defendant pleads Guilty or No Contest, the case is resolved at the time of arraignment. This will include any fines/fees and/or court-ordered programs imposed by the judge.
   
   

Pre-Trial Proceedings After a Not Guilty Plea

* Discovery is exchanged between the prosecution and the defense attorneys. This includes police reports, blood test results, photographs, etc.
* Motions may be filed to set aside the complaint, to dismiss the case, or to suppress evidence, etc.
* Defendant may change his/her plea to guilty or no-contest
* A hearing will be held to attempt to settle the case without going to trial.
* Case doesn’t settle – proceeds to trial. (See: What Occurs at Trial, below.)

What Occurs in a Felony Case?

· Arrest

* Police take defendant to jail / defendant remains in custody / defendant taken to Court for arraignment.
* If no charges are filed, the defendant is released.
* Upon posting of bail, or if the defendant is released on his/her "own recognizance” (O.R.), which means the defendant is bound by a promise to appear, an arraignment date is scheduled. If no bail is set, or the person is not released on his/her own recognisence, then the case should proceed to court within two court days.

· Arraignment on Complaint

* Defendant is brought to court or appears if out of custody
* Defendant is represented by a retained attorney or an attorney is appointed if indigent
* Defendant is advised of his/her constitutional rights
* Bail is set or,
* Defendant is released on his/her "own recognizance"

· Preliminary Hearing

* Witnesses testify
* If the judicial officer finds insufficient evidence, the defendant is released
* If the judicial officer finds sufficient evidence, the defendant is held to answer in the criminal trial department

· Arraignment on Information

* Defendant is brought to court or appears if out of custody
* Defendant is represented by a retained attorney or an attorney is appointed if indigent
* Defendant is advised of his/her constitutional rights
* Bail is set or,
* Defendant is released on his/her "own recognizance"
* Pre-trial and trial dates are set

· Pre-Trial Proceedings After a Not Guilty Plea

* Discovery is exchanged between the prosecution and the defense attorneys. This includes police reports, blood test results, photographs, etc.
* Motions may be filed to set aside the complaint, to dismiss the case, or to suppress evidence, etc.
* Defendant may change his/her plea to guilty or no-contest
* A hearing will be held to attempt to settle the case without going to trial.
* Case doesn’t settle – proceeds to trial. (See: What Occurs at Trial, below.)

What Occurs at Trial?

· Jury Trial

• Jury is selected
• Witnesses testify
• Jury decides if the defendant is guilty or not guilty

· If not guilty, the defendant is released and cannot be tried again for the same crime.
· If guilty:

• Sentenced to Jail/Probation/other conditions
• Appeal - The defendant can appeal to the Appellate Department of the Superior Court

· Court Trial

* Witnesses testify
* Judge decides whether the defendant is guilty or not guilty

· If not guilty, the defendant is released and cannot be tried again for the same crime.
· If guilty:
· Sentenced to Jail/Probation/other conditions
· Appeal - The defendant can appeal to the Appellate Department of the Superior Court