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Criminal Justice System

Misdemeanor: a crime that is punishable by confinement to a county jail for less than one year.

Procedure:

  1. District Attorney's Office: A complaint is filed for a victim by a police agency.  The case is reviewed by the ADA/DA who, after reviewing the facts decides whether or not to issue a criminal complaint. 
  2. Initial Appearance: At the initial appearance the Judge sets bail, takes the defendant's plea of "guilty or not guilty", appoints an attorney if the defendant is in financial need and sets a date for a pretrial conference if the plea is "not guilty".  If the plea is "guilty" the defendant may be sentenced immediately or at a future date. 
  3. Pretrial Conference:  When there is a "not guilty" plea entered, the pretrial conference is held with the defendant, their attorney and the ADA/DA.  They discuss the case and try to come to an agreement.  If a plea agreement is reached a date will be set for a plea hearing before the Judge.  If they do not reach a plea agreement they will set  the case for trial. 
  4. Motions:  A motion is a verbal or written request about a legal question made by the prosecutor of the defense attorney before, during, or after a trial, asking the court to rule on a question of law. 
  5. Trial: After all requested motions are heard (if any), if there is not a change of the plea, the trial will begin as scheduled.  If the defendant is found "guilty", sentencing occurs then or a date is set for sentencing.  If the defendant is found "not guilty" this is the end of the court proceedings.
  6. Sentencing: Sentence occurs after a "guilty" plea or a finding of "guilt" by a jury or the court.  The defendant will learn their punishment for the crime(s) they have committed.  Crime Victims have a right to make a statement at sentencing. 

Felony: a crime that is punishable by confinement for one year or more in the state prison system.

Procedure:

  1. District Attorney's Office: A complaint is filed for a victim by a police agency.  The case is reviewed by the ADA/DA who, after reviewing the facts decides whether or not to issue a criminal complaint. 
  2. Bail Hearing/Initial Appearance: The defendant makes their first appearance in front of the Judge.  The Judge reads the complaint, sets bail, and appoints an attorney if the defendant has financial need.  A date is set for a Preliminary Hearing if the defendant requests one.  There are time limit requirements for the Preliminary Hearing. 
  3. Preliminary Hearing: In felony cases, a preliminary hearing must be held unless waived by the defendant.  The Judge (or court commissioner) hears testimony to decide if there is probable cause to believe a felony was committed and that the defendant committed it.  If the Judge rules the State has enough evidence to make the defendant stand trial, the case will continue and the defendant is "bound over" for trial.  If the Judge rules that the State does not have enough evidence to make the defendant stand trial, the case is dismissed. 
  4. Arraignment: After a Preliminary Hearing and a finding of probable cause, the defendant appears in Court for the Arraignment at which time the defendant pleads "guilty or not guilty".  If there is a "guilty" plea, a date is set for sentencing.  If there is a "not guilty" plea, a date is set for trial. 
  5. Motions: A motion is a verbal or written request about a legal question made by the prosecutor of the defense attorney before, during, or after a trial, asking the court to rule on a question of law. 
  6. Plea Hearing: This occurs before a Judge when a defendant changes a "not guilty" plea to a "guilty" plea.  Sentencing may occur here or a date will be set. 
  7. Trial: After all requested motions are heard (if any), if there is not a change of the plea, the trial will begin as scheduled.  If the defendant is found "guilty", sentencing occurs then or a date is set for sentencing.  If the defendant is found "not guilty" this is the end of the court proceedings.
  8. Sentencing:  Sentence occurs after a "guilty" plea or a finding of "guilt" by a jury or the court.  The defendant will learn their punishment for the crime(s) they have committed.  Crime Victims have a right to make a statement at sentencing.