California Criminal Defense Lawyers

If criminal charges have been filed against you, then you should contact a criminal defense attorney at My Rights Law immediately. My Rights Law is highly experienced in getting criminal cases resolved on the most favorable grounds possible for defendants. To get started on your defense, call My Rights Law  at (888) 702-8882 or submit our secure web form form for a free consultation.

Introduction To The Criminal Court Process

Criminal case procedure often does not match what we see on Law & Order or Perry Mason. However, courts must follow clear rules and procedures in these cases.

Here are the different stages of a criminal case.

What Happens After A Criminal Arrest?

Police can arrest someone in two circumstances. First, they may see someone committing a crime or have probable cause to believe they committed a crime to arrest them. Second, the police can ask the judge for a search warrant based on evidence they’ve collected.[1]

When the police arrest someone (the defendant), they take him or her to jail.

Then, 1 of 3 things happens:

• The defendant is released if the prosecutor (usually the district attorney or the city attorney) decides not to file charges; or
• The defendant posts bail (also called a “bond”) or is released based on a promise to appear in court at a later date for arraignment. If either of these happen, the district attorney or police tell the defendant when to come to court for arraignment; or
• The defendant stays in jail. Law enforcement officers transport the defendant to the court for arraignment.

How Does A Case Start?

Arrest

1. Usually, the police cite or arrest someone and write a report. This report summarizes the events leading up to the arrest or citation and provides witnesses’ names and other relevant information. Defendants generally do NOT have a right to get a copy of the arrest report, but their lawyer does. The reason for this is to protect the identity of witnesses. This is another reason why it is important that a defendant charged with a misdemeanor or felony have a lawyer to represent him or her.
2. The prosecutor then decides whether to file charges and, if so, what charges to file. The prosecutor decides whether to charge the crime as a felony or a misdemeanor. The prosecutor can file charges on all of the crimes for which the police arrested the defendant or can decide to file fewer charges or more charges than were included in the arrest report.
3. Because defendants have a right to a speedy trial, the prosecutor must generally file charges within 48 hours of the arrest when the defendant is in custody (in jail). Weekends, court holidays, and mandatory court closure days do not count against the 48 hours. Also, the deadline for arraignment depends on what time of the day you were arrested, so talk to a lawyer to find out exactly when the prosecutor’s deadline to file charges is.

What Is An Arraignment?

Arraignment And Bail

The arraignment is the first time the defendant appears in court.

At the arraignment, the judge tells the defendant:

• What the charges are,
• What his or her constitutional rights are, and
• That if he or she does not have enough money to hire a lawyer, the court will appoint a lawyer free of charge.

The defendant may then respond to the charges by entering a plea. Common pleas include guilty, not guilty, or no contest (also known as “nolo contendere”).

• Not Guilty means the defendant says he or she did not commit the crime. Sometimes, defendants enter a plea of not guilty as a strategic decision during plea bargaining or because they want to go to trial and force the prosecution to prove its case beyond a reasonable doubt.
• Guilty means the defendant admits he or she committed the crime. The judge finds the defendant guilty and enters a conviction in the court record.
• No Contest means the defendant does not contest (disagree with) the charge. This plea has the same effect as a guilty plea, except the conviction generally cannot be used against the defendant in a civil lawsuit.

If the defendant is in custody at the time of arraignment, after the defendant enters a plea (responds to the charges), the judge will:

• Release the defendant on his or her “own recognizance” (which means the defendant promises to return to court on a specified date)[2], OR
• Set bail and send the defendant back to the jail until the bail is posted, OR
• Refuse to set bail and send the defendant back to jail.

“Bail” is money or property that a defendant puts up as a promise to return for future court dates. When setting the amount of bail, the judge takes into account the seriousness of the crime, whether the defendant is a risk to the community, and whether he or she is a “flight risk” and likely to run away.

In California, if you’re in custody, arraignment must take place within 48 hours of arrest.[3]

What Is A Post-Arraignment?

In misdemeanor cases, if the defendant enters a not guilty plea, after the arraignment and before the trial:

• The prosecution and the defense exchange information. This is called “discovery.” Defendants may be limited in what information they are able to see, but their lawyers usually are not. This is because lawyers are required by law to protect the identity of witnesses while still preparing a defense so that the witnesses are not put in jeopardy. This is why it is so important that a defendant charged with a misdemeanor or felony be represented by a lawyer.
• Either side can file pretrial motions, including motions to set aside (cancel) the complaint, to dismiss the case, or to prevent evidence from being used at trial.
• The defendant can change his or her plea to guilty or no contest.
• The judge and lawyers from both sides may talk about how the case can be resolved without going to trial.

In felony cases, after the arraignment, if the case does not settle or get dismissed the judge holds a preliminary hearing.
At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial. If the judge decides that there is enough evidence, the prosecutor will file a document called “the Information.” Then, the defendant will be arraigned, a second time, on the Information. At that time, the defendant will enter a plea and proceed to trial.
Before the trial:

• The prosecution and the defense exchange information. This is called “discovery.” Defendants may be limited in what information they are able to see, but their lawyers usually are not. This is because lawyers are required by law to protect the identity of witnesses while still preparing a defense so that the witnesses are not put in jeopardy. This is why it is so important that a defendant charged with a misdemeanor or felony be represented by a lawyer.
• Either side can file pretrial motions, including motions to set aside (cancel) the complaint, to dismiss the case, or to prevent evidence from being used at trial.
• The defendant can change his or her plea to guilty or no contest.
• The judge and lawyers from both sides may talk about how the case can be resolved without going to trial.

Pre-Trial Hearings And Motions

Before a case goes to trial, the prosecutor and defense attorneys may attend pre-trial hearings and motions. This portion of a criminal trial is significant because it sets the stage for the actual trial.

During pre-trial hearings, the attorneys set a schedule for the trial. The defense attorneys use this time to file motions to dismiss some or all the charges and try to limit what evidence and witnesses the jury can hear.

If the defendant takes a plea deal, the court will schedule a pre-trial hearing to hear the plea agreement.

The Trial

Defendants in criminal cases (other than infractions) have the right to have a jury of their peers decide their guilt or innocence. Therefore, before trial, defendants need to decide whether to have a jury trial (where the jury decides if the defendant is guilty or not) or a court trial (where the judge decides). Usually, defendants choose to have a jury trial because they want a jury of their peers to hear the evidence and decide their guilt. But sometimes there may be circumstances where a defense attorney will recommend a court trial without a jury.

Everyone accused of a crime is legally presumed to be innocent until they are convicted, either by being proved guilty at a trial or by pleading guilty before trial. This means that it is the prosecutor who has to convince the jury that the defendant is guilty and must provide proof of guilt beyond a reasonable doubt. The defendant has the right to remain silent and that silence cannot be used against him or her.

Trial Dates

For a jury trial for a misdemeanor case: The law says how soon a defendant charged with a misdemeanor must be brought to trial. If the defendant is in custody at the arraignment, the trial must start within 30 days of arraignment or plea, whichever is later.

If the defendant is not in custody at the arraignment, the trial must start within 45 days of arraignment or plea, whichever is later.
The defendant can “waive” (give up) the right to a speedy trial. This means the defendant agrees to have the trial after the required deadline (also known as “waiving time”). But even if the defendant waives time, the law says the trial must start within 10 days after the trial date is set. It is very important for defendants to get advice from an attorney before they waive time.

For a jury trial for a felony case: The law says how soon a defendant charged with a felony must be brought to trial.
The prosecutor must file the Information within 15 days of the date the defendant was “held to answer” at the preliminary hearing.

The trial must start within 60 days of the arraignment on the Information.

The defendant can “waive” (give up) the right to a speedy trial. This means he or she agrees to have the trial after the 60-day period (also known as “waiving time”). It is very important for defendants to get advice from an attorney before they “waive time.”

Trials can last anywhere from a day to months, depending on the case’s complexity. All criminal trials are broken into several distinct phases.

What Is The Trial Process?

Jury Selection

Jury selection, otherwise known as voir dire, lets the prosecution and defense attorneys interview potential members of the jury. Jurors can be excluded if the judge or either set of attorneys believes a juror would be biased and unable to return a fair verdict. Attorneys can also remove a certain number of jurors for no reason at all.

Opening Statements

During opening statements, the attorneys tell the jury the story of the case based on what the evidence shows. The prosecution always gives the first opening statement. The defense can choose to give an opening statement next, or they can wait to give an opening statement after the prosecution finishes presenting their evidence.

Evidence And Witness Presentations

Attorneys use witnesses to present evidence to the jury and tell the story of what happened, which is the longest period of a criminal trial. It can last an afternoon, or it can last months, depending on the complexity of the case.

The prosecutor will present evidence and witnesses first. They will often call the police officers who responded to a crime and investigated it. Prosecutors may ask expert witnesses, including forensic experts, to explain technical evidence like fingerprints or DNA to the jury. People who witnessed the crime, as well as alleged victims, may also talk about what they saw, heard, and felt.

The prosecutor will ask questions through direct examination. The defendant can also ask questions through cross-examination and try to poke holes in the prosecutor’s case.

When the prosecutor finishes making their case, they will rest. Then, it’s the defendant’s turn to present their own witnesses and evidence. The defendant will ask questions in direct examination, and then the prosecutor can cross-examine witnesses. After the defendant finishes presenting witnesses and evidence, the defendant will rest their case.

The prosecutor can present additional witnesses or evidence at this point to try to rebut or deny the defendant’s evidence.

Closing Statements

Once both sides present evidence, they will give their closing statements to the jury. Closing statements will tell the story of the case based on the evidence presented to the jury. Attorneys end closing statements by asking the jury to examine the evidence and decide in their favor.

Jury Instructions

After both sides present closing statements, the judge will read instructions to the jury about how to reach a verdict. The judge will tell the jury that the prosecutor needs to prove their case beyond a reasonable doubt. If the jury has reasonable doubts about any aspect of the case, or if the prosecutor didn’t prove their case, the judge will tell the jury to return a not guilty verdict.

Jury Deliberations And The Verdict

Once the judge reads instructions to the jury, they will review the evidence and arguments in a process known as jury deliberation. Juries are sequestered, meaning left alone, in a private room while they have this discussion.

They are only allowed to think about the evidence presented to them, and they can’t talk about the case with other people. Jurors are allowed to ask the judge questions about the case or to rehear evidence that was presented earlier in the case.

Jury deliberation can be quick, or it can take some time. In California, juries in criminal trials must be unanimous, meaning that all jurors must agree that the defendant is either guilty or not guilty.[4]

When the jury reaches a verdict, they will read the verdict in court in front of the judge, attorneys, and defendant.

The Verdict

If the jury finds the defendant not guilty, it is called an “acquittal” and the defendant will be released. The defendant can never be tried again for the same crime. This is called “double jeopardy.” A finding of not guilty is not the same as a finding of innocence. It simply means that the jury was not convinced that the defendant was guilty beyond a reasonable doubt. The arrest will still show on the defendant’s record, along with the acquittal. If a defendant was wrongfully arrested and charged, and he or she wants to get the arrest removed from her or his record, a hearing to determine the factual innocence of the defendant must be held in front of a judge. It is often much harder to prove factual innocence, than to raise a reasonable doubt about guilt.

If the defendant is found guilty, the defendant will be sentenced.

Sentencing Hearing

Sentencing hearings take place after a plea agreement has been entered or after a jury returns a “guilty” verdict. In California, the judge, not the jury, will issue a sentence.

At the sentencing hearing, the judge will consider evidence of the defendant’s prior good and bad conduct to determine the length of their sentence. The prosecutor and defendant can present evidence and witnesses. During the sentencing hearing, alleged victims and their family members might make a statement about how their lives have been affected by the crime.

Sentencing hearings must take place within ten days of a guilty plea or verdict in a felony case.[5]

Appeal

Finally, if the defendant is found guilty, they can file an appeal.[6] Defendants can raise different problems they thought happened during their trial, including:

• Ineffective assistance of counsel
• Misconduct by the prosecutor
• Jury misconduct, and
• The judge abused their discretion.

The defendant needs to show this error likely affected the outcome of the case. Small mistakes can be ignored, but if a mistake is big enough, the appellate court can great an appeal. An appeal will let the defendant receive a new trial if the prosecutor wants to retry the case.

Call My Rights Law – Experienced Criminal Defense Attorneys

Experience counts. It can be very difficult understanding all the elements of a crime. Remember that the California defense attorney you choose can make the difference between having criminal charges dismissed or being severely punished. If you need an attorney to represent you in a criminal trial, the experienced criminal defense attorneys at My Rights Law are here for you. Call My Rights Law at (888) 702-8882 or contact us through our secure web form for a confidential, free consultation.

FOOTNOTES
[1] California Penal Code 836
[2] California Penal Code 1268
[3] California Penal Code 825
[4] California Constitution Article 16
[5] California Penal Code 1166
[6] California Penal Code 1235