Criminal system overview.
| Misdemeanor or Felony Arrest | Felony Arrest |
| Bail
Arraignment Settlement Conference Trial Readiness Conference Jury or Bench Trial Sentencing & Appeal Acquittal |
Bail
Arraignment Settlement Conference Preliminary Examination (for felony allegations) Information Trial Readiness Conference Jury or Bench Trial Sentencing & Appeal Acquittal |
Acquittal
Most criminal cases arise when the police or any other law enforcement agency act on an emergency call or they witness a crime being committed. Law enforcement will generally make an arrest when they have probable cause to believe a crime has been committed. In instances in which a crime is reported long after the incident, or when the accused is no longer at the scene of a crime, law enforcement will seek an arrest warrant from a judge or magistrate. If the judge believes the affidavit in support of the arrest warrant gives rise to probable cause for an arrest (or search warrant of a house, vehicle, etc.), the judge will sign the warrant; this enables the officers to act on the warrant to effectuate an arrest of the suspect or search a particular place or person.
After a person is arrested and booked in jail, they will remain in jail until they are brought before a judge or magistrate for their arraignment, generally within 24-48 hours, excluding weekends and holidays. An arraignment is a hearing where the suspect, now a defendant, is given written notice of the charges they are facing. This document, which is drafted by the prosecution, is called a complaint. The arraignment also consists of: advisement of the nature of the offense and one’s constitutional rights, defense response to complaint (almost always an oral “not guilty” plea is entered), tentative schedule is set for future hearings, bail is addressed (may be set, raised, reduced, or not imposed “released on O.R.”). In cases in which the suspect bails out of jail or is given a citation in lieu of arrest, the arraignment will occur several weeks or even months later. Discovery from the prosecution always accompanies a complaint—this is evidence, usually in the form of a report, that tends to support or disprove that the defendant has committed a crime.
The prosecution, otherwise known as the Office of the District Attorney, decides whether a criminal case submitted by the law enforcement agency is (1) a crime, and (2) the degree or level of severity of the alleged offense. Criminal matters tried in federal court are prosecuted by the U.S. Department of Justice, Office of the Attorney General.
If a case does not resolve at the arraignment stage, the defense and prosecution have an opportunity to resolve the case at the settlement conference or trial readiness conference. At times, the judges call both attorneys into their chambers to see if they can assist in reaching a resolution. Both parties are exchanging discovery prior, during and after these conferences in preparation for trial.
In felony cases, a preliminary examination must be held before the case can be set for trial. At this hearing, the prosecution must present evidence illustrating that there is probable cause to proceed with the criminal case. Most of the time, the evidence comes from oral testimony from law enforcement; percipient witnesses need not be present at the preliminary examination. The defense can cross-examine witnesses and present an affirmative defense. A holding order is entered if the judge believes there is probable cause that a felony has been committed.
When the prosecution and defense cannot agree to a resolution of the criminal case, the case is assigned to a master calendar courtroom so it can be sent to a trial courtroom. Trial is lengthy hearing, in which twelve jurors decide the facts of the case as they are presented to them in court. Jurors that have heard a case can either vote Not Guilty or Guilty. To reach a guilty verdict, all 12 jurors must believe that the charges are true beyond a reasonable doubt; this is a long-standing belief that the charges are true. In cases in which there is no unanimous agreement, the judge will declare a mistrial and set a new date to commence trial.
In the unfortunate case in which all 12 jurors find the defendant guilty, the case will proceed to sentencing unless the attorneys convinces the court that the defendant is entitled to a new trial. Sentencing is when the court imposes the statutory punishment for the crime(s) committed after considering argument by both counsel and any probation reports.
A defendant can appeal the conviction by given the court written notice of its intention to appeal and the basis for the appeal. The rules, deadlines, and standards for appealing a felony and misdemeanor case differ and are highly complicated. Misdemeanor appeals must be filed within 30 days after the court issued the judgment; felony appeals are timely if they are filed within 60 days. In few instances, an attorney may convince a judge to set bail and allow the defendant to remain out of custody (on bail) during an appeal.
Of course, if a person is found not guilty, they will be free to go. Unless the judge is convinced that the defendant is factually innocent, the arrest and acquittal remains on a person’s records.