Former NYC ASST District Attorney NOow On Your Side

California Criminal Process

First Appearance/Arraignment
Your first appearance in court, regardless of whether you are in custody or not, is called an arraignment. During your arraignment, you are formally notified of the charges against you. You are also advised of your constitutional rights. Your lawyer will get a formal complaint specifying the charges filed against you, in addition to police reports and other evidence that are in the prosecution's possession.

In many cases, bail will be set during your arraignment if you are in custody. Bail guarantees that you will appear in court. Factors that a judge will look at will include: the amount of time that you have been a member of the community, whether you are a flight risk, any family connections that you have in the community, whether you have a prior criminal record, whether you have ever failed to show up in court, the nature of the charges that have been pressed against you, and whether you are a threat to the community. The judge will decide whether to set bail at a specific amount or release you on your own recognizance.

Preliminary Hearing
A preliminary hearing will be held if you have been charged with a felony for the judge to decide if there is sufficient evidence to support the charges against you. The standard of proof is quite low, unlike guilt beyond a reasonable doubt at trial.

An experienced attorney may use the hearing to cross-examine key witnesses that are speaking against you, lock down the details of their testimonies, and see whether there are inconsistencies in the prosecutor's case against you.

Arraignment Following Preliminary Hearing
If the judge decides at your preliminary hearing that there is probable cause to support the charges against you, a second arraignment will be scheduled based on the charging document that the prosecution will file. If, during the preliminary hearing, the prosecutor is able to prove any additional charges, these charges will then be filed against you. You will once again be formally notified of the charges against you and reminded of your Constitutional rights.

Pre-Trial Conference
During your pre-trial conference, your lawyer will have the chance to continue negotiating with the prosecution in an effort to reach the best and most favorable solution to your case.

Trial
A trial will be set if a disposition is not reached with the prosecution. Twelve jurors will be chosen to serve on a jury and hear all evidence related to your case. Your defense attorney and the prosecution will make opening statements, introduce witnesses, present evidence, cross-examine witnesses, and give closing arguments at the trial. The jury will then deliberate until it reaches a decision. They have to unanimously agree that you are guilty beyond a reasonable doubt for you to be convicted. The judge will declare a mistrial if the jury cannot reach a unanimous decision.

Sentencing
A sentencing hearing will take place if you are found guilty at trial or pled guilty. The judge will determine the applicable punishment at this hearing. In some instances, your lawyer may argue reasons for why you should receive the lowest penalty that exists for your conviction.

After Conviction:
In certain cases, where the defendant is found guilty or pleads guilty, there may be a number of options:

Expungements
Following the successful completion of the conditions and terms of probation, you might be eligible to seek the court to have the conviction expunged from your record.

Motion to Withdraw a Guilty Plea or Motion for a New Trial
These motions are attempts to set aside your conviction if there is a reason to do so.

Modification of Sentence
If you are placed on probation, it might be possible to appear before the sentencing judge and have your lawyer request modifications on certain terms and conditions.

Appeal
You could overturn your conviction if your defense attorney could establish you were denied due process of the law or that the trial court made legal errors.