| MISDEMEANOR AND FELONY CRIMINAL COURT PROCESS |
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| MISDEMEANOR CASES |
THE ARREST
First, An arrest is made. Often times in a misdemeanor case, the Defendant is not taken
to jail, but rather given a citation and makes a promise to appear at an Arraignment
within the next 30 days or so. If the police take the defendant to jail. Three things can
happen (1) The defendant is released with no charges are filed; (2) The defendant posts
bail/bond or is released on his or her own recognizance ("O.R.") and is scheduled for an
arraignment; or (3) The defendant remains in the custody and is transported to court for
arraignment.
THE ARRAIGNMENT
The Defendant’s first appearance in court is the Arraignment. The following events
occur at an Arraignment:
(1) The defendant is informed of the charges against him or her;
(2) The defendant is advised of his or her constitutional rights;
(3) If the defendant cannot afford an attorney of his or her own choice, an attorney is
appointed by the court;
(4) The defendant enters a plea of guilty, not guilty or no contest.
Not Guilty = The defendant states that he or she did not commit the crime.
Guilty = The defendant admits that he or she committed the crime.
No Contest = Also known as "Nolo Contendere." The defendant does not contest the
charge. This plea has the same effect as a guilty plea, except that the subsequent
conviction cannot be used against the defendant as evidence of liability in a civil suit.
(5) The defendant is released on his or her "Own Recognizance," or the court sets bail
and the defendant is remanded/committed to the custody of the Sheriff.
Also at the arraignment, the Defense attorney may move for a Demurrer, or dismissal of
the Complaint under Penal Code §1004, if the Complaint either (1) Fails to meet the
specificity requirement adequately putting the Defendant on notice of the charges filed;
(2) If the Complaint is filed in the wrong Court and that Court does not have Jurisdiction
over the Defendant; (3) Due to Misjoinder; (4) If the Complaint fails to state a Public
Offense; and (5) If there is a legal excuse or bar to the particular prosecution.
INVESTIGATION
After the Arraignment, the Criminal Defense Attorney begins an independent
investigation into the alleged offense. This includes, among other things, visiting the
scene of the alleged crime, interviewing witnesses to the alleged crime, interviewing and
investigating the accuser, interviewing the family and friends of the Defendant, and
sending any necessary evidence to scientific and/or psychological experts.
THE PRE-TRIAL HEARING OR READINESS CONFERENCE
At the pretrial hearing, there is an exchange of information between the prosecution and
the defense known as discovery. Pretrial motions may also be filed before the start of
the trial. Motions may be made to set aside the complaint, to dismiss the case, to
suppress evidence, etc. The defendant may at this point change his or her plea to guilty
or no contest.
PRE-TRIAL MOTIONS AND MOTIONS IN LIMINE
Prior to trial, the defense attorney may file any relevant pre-trial motions that will effect
the outcome of the case. Examples of common pre-trial motions include, but are not
limited to: Motion to Suppress Evidence Unlawfully Seized; Motion to Compel Additional
Discovery from the Prosecutor; A “Pitchess Motion” to review the personnel file of any
police officers involved in the arrest; A Motion Forcing the Prosecution to Disclose the
Name of their Confidential Informant; A Motion to Dismiss for Governmental, Police,
and/or Prosecutorial Misconduct; A Motion to Suppress a Confession; A Motion to
Suppress an Eyewitness Identification; A Motion to Exclude Evidence of Rape/Trauma
Syndrome; and A Motion to Include Evidence of the Accuser’s Prior Sexual Conduct in a
Rape Case, among many other possible motions.
JURY TRIAL
Before a trial can begin, a jury must be selected. During the trial, witnesses may testify
and evidence will be presented. At the conclusion of the trial, the jury must decide if the
defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is
released and cannot be tried again for the same crime. If the defendant is found guilty,
the case will be continued for sentencing, or the defendant may be sentenced
immediately. The defendant may appeal a conviction to the Appellate Department of the
Superior Court.
COURT TRIAL
In lieu of a jury trial, the parties may agree to proceed with a court trial, in which the
judge hears the evidence and arguments and finds the defendant guilty or not guilty.
Felony crimes are punishable by a sentence to state prison term of more than one year
or death. Some examples of felony crimes are murder, possession of dangerous drugs for
sale, robbery and rape.
THE ARREST
First, an arrest is made. On a felony arrest the police take the defendant to jail. Three
things can happen:
(1) The defendant is released - no charges are filed;
(2) The defendant posts bail/bond or is released on his/her own recognizance ("O.R.")
and is scheduled for arraignment;
(3) The defendant remains in the custody of the law enforcement agency and is
transported to court for arraignment.
CHARGING DOCUMENT
It is possible, in a felony case, that the charges were brought against the Defendant after a
Grand Jury investigation which led to a Grand Jury Indictment. If this is the case, a
warrant will likely be put out for the Defendant’s arrest, and then the Defendant will be
arraigned after arrest. However, in most cases, the Defendant is arrested and then
arraigned on the complaint.
THE ARRAIGNMENT
A felony arraignment on the complaint is the defendant's first court appearance. The
following events occur:
(1) The defendant is informed of the charges against him or her;
(2) The defendant is advised of his or her constitutional rights;
(3) If the defendant cannot afford an attorney of his or her own choice, an attorney is
appointed by the court;
(4) The defendant enters a plea;
(5) The court sets bail and the defendant is remanded to custody, or the defendant is
released on his or her "Own Recognizance" or "O.R."
Also at the arraignment, the Defense attorney may move for a Demurrer, or dismissal of
the Complaint under Penal Code §1004, if the Complaint either (1) Fails to meet the
specificity requirement adequately putting the Defendant on notice of the charges filed;
(2) If the Complaint is filed in the wrong Court and that Court does not have Jurisdiction
over the Defendant; (3) Due to Misjoinder; (4) If the Complaint fails to state a Public
Offense; and (5) If there is a legal excuse or bar to the particular prosecution.
THE PRELIMINARY HEARING
In felony cases, a preliminary hearing is held to determine if there is sufficient evidence
for the judge to reasonably infer that a crime has been committed and that the defendant
committed the crime and should therefore be "held over" for trial.
If the case was filed by complaint, then once a defendant is "held to answer," the
prosecuting agency files a document called the Information. The defendant will
subsequently be arraigned on the Information at which time he or she will enter a plea
and proceed to trial.
INVESTIGATION
After the Arraignment, the Criminal Defense Attorney begins an independent
investigation into the alleged offense. This includes, among other things, visiting the
scene of the alleged crime, interviewing witnesses to the alleged crime, interviewing and
investigating the accuser, interviewing the family and friends of the Defendant, and
sending any necessary evidence to scientific and/or psychological experts.
PRE-TRIAL CONFERENCE OR FELONY READINESS CONFERENCE
At the felony readiness conference, there is an exchange of information between the
prosecution and the defense. Pretrial motions may also be filed before the start of the
trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress
evidence, etc. The defendant may at this point change his or her plea to guilty or no
contest. The Prosecutor and defense attorney also discuss any possible settlements to
the case.
PRE-TRIAL MOTIONS AND MOTIONS IN LIMINE
Prior to trial, the defense attorney may file any relevant pre-trial motions that will effect
the outcome of the case. Examples of common pre-trial motions include, but are not
limited to: Motion to Suppress Evidence Unlawfully Seized; Motion to Compel Additional
Discovery from the Prosecutor; A “Pitchess Motion” to review the personnel file of any
police officers involved in the arrest; A Motion Forcing the Prosecution to Disclose the
Name of their Confidential Informant; A Motion to Dismiss for Governmental, Police,
and/or Prosecutorial Misconduct; A Motion to Suppress a Confession; A Motion to
Suppress an Eyewitness Identification; A Motion to Exclude Evidence of Rape/Trauma
Syndrome; and A Motion to Include Evidence of the Accuser’s Prior Sexual Conduct in a
Rape Case, among many other possible motions.
JURY TRIAL
Before a trial can begin, a jury must be selected. During the trial, witnesses may testify
and evidence will be presented. At the conclusion of the trial, the jury must decide if the
defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is
released and cannot be tried again for the same crime. If the defendant is found guilty,
the case will be continued for sentencing, or the defendant may be sentenced
immediately. The defendant may appeal a conviction to the Court of Appeal of the State
of California.
COURT TRIAL
In lieu of a jury trial, the defendant may agree to proceed with a court trial, in which the
judge hears the evidence and arguments and finds the defendant guilty or not guilty.
This is usually a good strategy if the only issue is an issue at law which the jury may not
understand or may want to ignore for other reasons.
| FELONY CASES |
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| (858) 444-5256 |
| LAW OFFICES OF BRIAN R. MASON |
A CRIMINAL DEFENSE LAW FIRM |
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YOU ARE NOT CREATING
AN ATTORNEY-CLIENT
RELATIONSHIP WITH THIS
OFFICE. FURTHER, THERE
IS NO GUARANTEE THAT
THIS OFFICE WILL TAKE
YOUR CASE