The Case Components digs deeper step by step of what actually takes place once a criminal case begins. From arraignment to appeals, everything is covered here. If you have any questions whatsoever, please call us 24/7, day or night, for your free case consultation at 866-819-7536.

Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him/her of the charges against him or her. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary from jurisdiction to jurisdiction, but they generally include "Guilty", "Not Guilty."

If the defendant pleads guilty, an Evidentiary Hearing usually follows. The court is not required to accept a guilty plea. During that hearing the judge will assess the offense, mitigating factors, and the defendant's character; and then pass sentence. If the defendant pleads not guilty, a date will be set for a preliminary hearing or trial.

In the past, a defendant who refused to plead (or "stood mute") would be subject to peine forte et dure (Law French for "strong and hard punishment"). But today in all common law jurisdictions, defendants who refuse to enter a plea will have a plea of "Not Guilty" entered for them on their behalf.

The law allows the police to hold a suspect for a limited period of time after the arrest. In most cases, you can be held up to 72 hours after the arrest -- unless it is on a weekend or court holiday, in which case it can be extended one day. For example, if you are arrested on a Thursday before a holiday weekend, you can spend up to four or five days in jail before you see a judge.

To find out when the first appearance will take place, call the booking information line at the jail, or the arresting agency.

An attorney may make a special appearance (one appearance only) at the arraignment and may be able to request a bail reduction. Special appearances can only be made at the first appearance/arraignment.

In a misdemeanor case, once the law firm appears on behalf of a client, it is committed to the entire case, including trial (unless it was a special appearance.)

In a felony case, the client may retain the law firm through Municipal Court only, which includes the preliminary hearing.

The prosecution and defense will enter into the discovery process after the arraignment. This allows both sides to "discover" all of the facts in the case.

To be constitutional, discovery must be reciprocal, which means that the prosecution must provide the defense with evidence they intend to use. The prosecution cannot hide evidence and then surprise the defense at trial. This applies to the defense as well. We must provide the prosecution with evidence which we plan to present at trial.

Typical discovery activities include:

• Police reports
• Medical records
• Probation reports
• Photographs
• Diagrams
• Recordings of witness statements
• Viewing of physical evidence
• Expert analysis (such as DNA reports or criminology)
• Private investigative services

Only in felony cases will there be a preliminary hearing. During this hearing the judge will determine if their is probable cause for the case to be heard in superior court.

The preliminary hearing is used to review the prosecution's case and to lock in their witnesses testimony in preparation for trial.

At the preliminary hearing, the District Attorney may add additional charges and may attempt to remand the defendant back into custody, even if he is currently out on bail.

Indictment by a Grand Jury is an alternative to the preliminary hearing, to be used at the sole discretion of the prosecuting attorney. Grand Juries are often used in Federal Court, and many states also choose to use them for felony hearings. Some states, such as California, rarely use Grand Juries.

During the Plea Bargaining process the defense attorney will negotiate with the district attorney for the best possible plea for his or her client. From time to time, the judge may be involved in the plea negotiation by speaking to the attorneys in an "in chambers" conference. The typical result of the plea bargain is an agreement for you to plead guilty to a particular charge or set of charges in exchange for a set of terms, such as agreeing to receive a specific sentence or reduced charges in exchange for information about others who may be involved in the incident.

Plea bargains are often good, but of course some are not. You NEVER have to accept an offered plea bargain. Even after entering a plea, you can sometimes make a motion to withdraw the plea and go forward with the defense of your case.

This process may include charging the defendant with a lesser charge, or agreeing to a lesser punishment for the same charge. Sometimes, the prosecution will drop counts in exchange for something they value.

Pre-trial motions are important tools for criminal defense attorneys. They can result in charges being dropped, or force the prosecutor to change positions.

• Common motions include:
• Supress Evidence (e.g., an illegal search)
• Strike Counts
• Speedy Trial
• Sever Counts
• Compel Discovery
• Dismiss the Information

A trial is the examination of facts and law presided over by a judge (or other magistrate, such as a commissioner or judge pro tem) with authority to hear the matter (jurisdiction).

A trial begins with the calling of the parties to come and be heard, and selection of a jury if one has been requested.

Each party is entitled to an opening statement by his/her attorney (or the party if he/she is representing himself/herself), limited to an outline of what each side intends to prove. The defense may withhold the opening statement until the defense is ready to present evidence.

After the opening statement(s), the evidence of the case is presented first by the prosecution (or plaintiff in a civil case.) The defense then presents its evidence. Then the prosecution (or plaintiff) and defense each present their rebuttal evidence in response to the evidence presented after the opening statements.

At the conclusion of the presentation of all evidence, each attorney (plaintiff or prosecution first) can make a final argument which can include opinion and comment on evidence and legal questions.

If it is a jury trial, the judge will give the jury a series of instructions as to the law of the case, based on "jury instructions" submitted by the attorneys and approved, rejected, modified and/or added to by the judge. Then the jury retires to the jury room, chooses a foreperson and decides the factual questions. If there is no jury, the judge will determine legal issues and decide factual questions and render (give) a judgment. A jury will judge the factual issues and decide the verdict based on the law as given by the judge in the instructions.

Final verdict or judgment usually concludes the trial, although in some criminal cases a further trial will be held to determine "special circumstances" (acts which will increase the punishment) or whether the death penalty should be imposed.

Throughout a trial there may be various motions on legal issues, some of which may be argued in the judge's chambers. In most criminal cases the exact punishment will be determined by the judge at a hearing held at a later time.

Related Terms:

• Trial Court: The court which holds the original trial, as distinguished from a court of appeals.
• Speedy Trial: In criminal prosecutions, it is the right of a defendant to demand a trial within a short time since to be held in jail without trial is a violation of the "due process" provision of the 5th Amendment (applied to the states by the 14th Amendment). Each state has a statute or constitutional provision limiting the time an accused person may be held before trial (e.g. 45 days). Charges must be dismissed and the defendant released if the period expires without trial. However, defendants often waive the right to a speedy trial in order to prepare a stronger defense, and if the accused is free on bail he/she will not be hurt by the waiver.
• Court Trial: A trial with a judge but no jury.
• Jury Trial: A trial of a lawsuit or criminal prosecution in which the case is presented to a jury and the factual questions and the final judgment are determined by a jury. This is distinguished from a "court trial" in which the judge decides factual as well as legal questions, and makes the final judgment.
• Mistrial: The termination of a trial before its normal conclusion because of a procedural error; statements by a witness, judge or attorney which prejudice a jury; a deadlock by a jury without reaching a verdict after lengthy deliberation (a "hung" jury); or the failure to complete a trial within the time set by the court. When such situations arise, the judge, either on his own initiative or upon the motion (request) of one of the parties, will "declare a mistrial," dismiss the jury if there is one and direct that the lawsuit or criminal prosecution be set for trial again, starting from the beginning.
• Motion for a New Trial: A request made by the loser for the case to be tried again on the basis that there were significant legal errors in the way the trial was conducted and/or that the jury or the judge (sitting without a jury) obviously came to an incorrect result. This motion must be made within a few days after the judgment is formally entered and is usually heard by the same judge who presided at the trial. Such a motion is seldom granted (particularly if the judge heard the case without a jury) unless there is some very clear error which any judge would recognize. Some lawyers feel the motion helps add to the record of argument leading to an appeal of the case to an appeals court.
• Retrial: A new trial granted upon the motion of the losing party, based on obvious error, bias or newly discovered evidence, or after a mistrial or reversal by an appeals court.

Prior to the sentencing hearing a probation report is usually prepared which contains a recommendation to the judge on the appropriate sentence. Although the recommendation is not binding on the court, it is an important element.

If probation is not granted, there is usually a range of three prison terms in each felony crime (low term, mid term, and high term.) Lawyers argue about the proper term based on the facts of the particular case. The final decision is within the judge's broad discretion.

Jails are run by the counties within which they are located. Prisons are run by the state within which they are located. A sentence to a "rehabilitation center" is typically a drug treatment program within the state prison system.

A defendant may be sentenced to probation instead of prison. However, he may be ordered to do some local custody time as a term of probation. Formal probation is when an individual is supervised by a probation officer, while informal probation is unsupervised. As a condition to their probation, a person may be subject to drug testing. If a person violates probation, they may be sent to jail or prison.

Sentence modifications occur when a portion of a sentence becomes inapplicable to their case. Suppose a man is convicted of the crime of spousal abuse, and part of his sentence includes that he must stay away from his wife. If the man and the wife decide to reconcile, then it would be appropriate to ask the court to "modify" the sentence.

We have been quite successful at arranging jail alternatives. Some of these include: Detox programs, Electronic Home Monitoring, Residential Treatment Centers, counseling, weekend work programs, and community service.

Any sentence imposed by the court may have a number of consequences, which may include but are not limited to any of the following:

• Loss of the right to vote
• Loss of the right to possess a firearm of any kind
• Loss of the right to associate with known criminals
• Registration as a sex offender
• Increased penalties in future convictions
• Registration as a narcotics offender

Some of these collateral consequences may be removed in certain cases by expungement, or on a motion to the court.

If convicted, a defendant may appeal. There are strict time limits for the filing of a notice of appeal, which is the beginning of the appellate process. Although a late filing of the notice of appeal may be excused by the court, it is the defendant's responsibility to see that it is filed in a timely manner.

Learn more

This is a process where a person's conviction may be removed from their record.

Some of the collateral consequences of convictions (such as sex offender registration and the prohibition against carrying a firearm) are sometimes not removed by an expungement. Each case and each Penal Code section is different.

The ultimate goal of an expungement is the permanent clearing of your criminal record. Expunging your criminal record can make it possible to gain employment that would otherwise be unavailable to you.

A lesser goal is to "seal" your record, which makes it inaccessible to private citizens (such as employers who conduct background checks).

Expungement laws vary greatly in the state of California and depend on both the type of crime and the length of time since your conviction. Call us at (866) 819-7536 to learn whether you qualify for an expungement.