this is an offense carrying a potential penalty of 16 months or greater in state prison.
If you hire a Criminal Defense Lawyer
for you to appear in Court
If you have not hired a Criminal Defense Lawyer
for you to appear in Court
After your arrest, booking, and initial bail phases of the criminal process, the first court appearance is called the arraignment. In a typical arraignment, a person charged with a crime is called before a criminal court Judge or Commissioner:
- The Judge will read the criminal charge(s) against the person (now called the “defendant”);
- The Judge will ask the defendant if he or she has an attorney, needs the time to hire an attorney or if determined to be indigent qualifies for the assistance of a court-appointed attorney;
- The Judge will then ask the defendant how he or she answers, or “pleads to”, the criminal charges -- “guilty,” “not guilty,” or “no contest” or if they want to continue the arraignment to a future date without entering a plea.
- During the Arraignment the Judge may decide whether to change the bail amount or to release the defendant on his or her own recognizance --without having to post bail to be released (Note: This matter may be revisited even if addressed in a prior proceeding); and
- The Judge will then set a date for future proceedings in the case, such as the pretrial date and a date for trial which is generally (45) days from the Arraignment if the defendant is out of custody and (30) days if the defendant is still in custody.
In some courts, there may be a conference scheduled prior to the preliminary hearing. At the Early Disposition Conference, your criminal defense lawyer will have the opportunity to discuss your case with the prosecutor in an attempt to reach a favorable plea bargain or the best possible deal for you. The judge will be present and participate in this process.
A preliminary hearing is best described as the “trial before the trial”. In this court hearing, the Judge decides, not whether the defendant is “guilty” or “not guilty,” but whether there is enough evidence to hold the defendant to stand trial. The judge uses the “probable cause” legal standard which determines whether the prosecution has produced enough evidence to show there is a strong suspicion the defendant committed the crime{s} charged.
In reaching this probable cause decision, the judge listens to arguments from the prosecutor and from the defendant (usually through his or her attorney). The prosecutor will call witnesses to testify, and can introduce physical evidence in an effort to convince the judge that the case should go to trial. The defense usually cross-examines the prosecutor’s witnesses and calls into question any other evidence presented against the defendant, seeking to convince the judge that the prosecutor’s case is not strong enough, so that the case against the defendant must be dismissed before trial.
At this time, you are again formally advised of the charges against you and your constitutional rights and future court dates are assigned. The prosecutor may file any additional charges they believe were proven at the preliminary hearing and can even file charges that were dismissed at the preliminary hearing.
Your Criminal Defense Lawyer will have the opportunity to continue discussions with the prosecutor in attempt to reach a favorable plea bargain sometimes including the Judge in this process.
After the preliminary hearing and before a criminal case goes to trial, the prosecutor and the defense attorney usually appear before a criminal court judge and make pre-trial motions -- effort to set the boundaries for trial should one take place, arguments that certain evidence should be kept out of the trial, that certain persons must or cannot testify, or that the case should be dismissed altogether. If the matter is unresolved at this juncture the only remaining stage of the process would be a trial.
In a criminal trial, a jury listens and examines the evidence to decide whether, “beyond a reasonable doubt,” the defendant committed the crime{s} in question. In a trial the prosecution has the burden of proving to the judge or jury that the defendant committed the offense{s} in the hope of obtaining a “guilty” verdict and a conviction of the defendant. A trial also represents the defense’s chance to refute the prosecution’s evidence, and to offer its own in some cases. After both sides have presented their evidence and made their arguments, the jury considers as a group whether to find the defendant guilty or not guilty of the crime(s) charged. (Note: Although a trial is the most high-profile phase of the criminal justice process, the vast majority of criminal cases are resolved well before trial -- through guilty or no contest pleas, plea bargains, or dismissal of charges.)
After a person is convicted of a crime, whether through a guilty plea, plea bargain, or jury verdict, the appropriate legal punishment is determined at the sentencing phase. A number of different kinds of punishment may be imposed on a convicted criminal defendant, including:
- Fines;
- Incarceration in jail (shorter-term);
- Incarceration in prison (longer-term);
- Probation; (with or without custody time)
- A suspended sentence, which takes effect if conditions such as probation are violated;
- Payment of restitution to the crime victim;
- Community service; or Caltrans or Graffiti Removal
- Drug and alcohol rehabilitation.
For misdemeanors and infractions, sentencing often takes place immediately after conviction or when a defendant has pled guilty. In more complex criminal cases, such as those involving serious felonies, the sentencing judge usually receives input from the prosecutor, the defense and the probation department (which prepare recommendations in a“pre-plea report or post conviction report”). The sentencing judge will also consider punishments and sentencing ranges identified in applicable criminal statutes, as well as a number of case-specific factors, including:
- The defendant’s criminal history, or lack thereof;
- The nature of the crime, the manner in which it was committed, and the impact on victims, i.e. whether injuries resulted;
- The defendant’s personal, economic, and social circumstances; and
- Regret or remorse expressed by the defendant
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