Every criminal case in California is divided into stages. The judge, prosecutors and lawyers must follow California criminal procedure when working in criminal court.
It’s helpful to understand the stages and their purpose so that you don’t feel overwhelmed. Generally, a criminal case will proceed in the following stages:
Arrest
Most criminal cases start with an arrest. When you are arrested, a police officer will take you to jail for booking. Depending on the severity of the allegations, you may or may not be released after being logged into the jail system.
After your arrest, the prosecutor will decide whether or not to charge you with a crime based on the police officer’s statement. If you are formally charged with a crime, then the next step is an arraignment hearing.
Arraignment
An arraignment hearing is your first formal hearing before a judge. At this hearing, the judge will tell you what you are being charged with, explain your right to a lawyer and appoint a lawyer if you cannot afford one. Many people already have hired a lawyer by the time they go for an arraignment.
At the arraignment, generally, a judge will also ask for your plea. The options are guilty, not guilty and no contest. If you are still being held in jail, the judge will consider whether or not to set a bond, release you on your promise to appear or hold you in jail until trial.
Discovery
The next step is for your lawyer and the prosecutor to exchange information. The prosecutor is required to give your lawyer certain evidence. This may include:
- Police reports
- Photographs
- Witness statements
- Exonerating evidence
- Records
- Video Footage
Your lawyer will review this evidence in addition to collecting their own.
Preliminary Hearing
If you have been charged with a felony, then you will have a preliminary hearing. A preliminary hearing is an opportunity for the prosecutor to prove to the judge that there is probable cause supporting the charges. The prosecutor may call one witness and admit limited evidence to meet this low burden.
Usually, the court finds probable cause. That’s because it is a lower standard than at trial. However, your lawyer has the opportunity to argue against the prosecutor, question witnesses, and admit contrary evidence.
Pre-Trial Motions
Your case is set for trial after the preliminary hearing. During this time, your lawyer may file pretrial motions to try and control what happens in the trial. These may include:\
- Motions to suppress evidence
- Motions to exclude evidence
- Motions to dismiss the charges
- Evidentiary motions
- Constitutional motions
These motions can help predict the outcome of your case and increase your chances of winning.
Trial
You may choose to have a jury trial or a trial in front of a judge. During the trial, the lawyers will make opening statements, call, and question witnesses, admit evidence and make a closing argument. You may choose to testify or remain silent.
At the end of the trial, the jury or judge will deliberate and review all of the evidence. Then they will decide whether or not to find you guilty or not guilty of the charges. If you are charged with multiple crimes, you may be found guilty of some or all of the charges.
Sentencing
If you are convicted of the crime, you will have a sentencing hearing. This may happen at the time of your trial, or it may be set for a later date. At your sentencing hearing, the judge will consider the guidelines, your prior criminal record and the details of the offenses. Your lawyer may choose to call character witnesses to testify on your behalf.
Both lawyers will argue for a sentence. Generally, the prosecutor asks for a longer sentence, and your lawyer will ask for a lower sentence. Then the judge will decide what they believe is appropriate.
Appeal
If you’ve been convicted, you may choose to appeal your conviction. A lawyer can help you file an appeal with the California Court of Appeals challenging your conviction or an error in the process, like bias. If you win your appeal, you may be granted a new trial. However, appeals are difficult, and it is uncommon to have your conviction completely overturned.
Contact an Experienced California Criminal Defense Lawyer for Help With Your Criminal Case
If you’ve been charged with a crime, your criminal defense attorney will help you through each step of the process. Contact an experienced lawyer today for help defending your charges. Most criminal defense lawyers offer free consultation to help clients understand their rights.
Nafiz M. Ahmed is one of the founding partners at Ahmed & Sukaram, Attorneys at Law, a criminal defense law firm located in San Jose and Redwood City, CA. Nafiz founded the law firm in 2005 to help people handle some of the most challenging times in their lives.
Ahmed & Sukaram, Attorneys at Law has over 30 years of combined experience guiding clients that have been arrested or charged with a crime. Contact us today to get started.
