Understanding the Criminal Court Process From Arrest to Trial

Most legal experts will tell you that how the criminal process works is one of the most frequently asked questions. Even if you have previously been on the wrong side of the law, the process can be overwhelming and confusing. After your arrest, California applies specific criminal procedure rules to maintain consistency in the system. Understanding the different phases can help you build your defense to achieve the most favorable outcome in your case, make informed decisions, and protect your constitutional rights. It is advisable to continue reading this article to learn more about the criminal court process.

Your Arrest

After the police apprehend you for committing a crime, they will book you. The booking process involves the law enforcers holding you at their station and:

Gathering your fingerprints
Recording your identifying details, including your address and name
Taking notes of your case facts
Searching your criminal records
Seizing your personal property

Next, you can either be released or held in police custody. You can either be released after posting bail or on your own recognizance.

Bail is the money you pay to the court to secure your pretrial release. It serves as a guarantee that you will comply with your release conditions, including attending your court hearings.

It is not a must that the police read you the Miranda warning before interrogating you. During the interrogation, you should remain silent and allow your defense lawyer to handle communication for you. The police can use whatever you say against you in court.

After your arrest, the prosecutor will determine whether to file criminal charges against you. If the prosecutor fails to file the charges against you, they will drop the case, and you will be released from detention. However, if the prosecution files the charges, your case will proceed to arraignment.

Arraignment Hearing

An arraignment hearing is the initial court hearing after your arrest, held before a judge.

During the hearing, the judge will advise you of the criminal charges against you and your constitutional rights. You also have the chance to take a plea, which can be guilty, no contest, or not guilty.

If you accept a no-contest or guilty plea, your case will proceed to the sentencing hearing. However, if you accept the not guilty plea, the court will address bail, provided you are still detained.

You are entitled to legal representation. If you are unable to raise money to pay an attorney, the judge will provide you with a public defender free of charge.

Pretrial Processes

Pretrial processes happen during the duration, in your case, from the arraignment hearing to the time before your trial.

It represents the period during which most criminal cases are closed. For instance, you can engage in plea bargain negotiations and proceed to the sentencing hearing, or the prosecution team can dismiss your criminal case.

The process duration varies. While some cases last 45 days, others last longer, especially if it is complicated.

Pretrial processes are every proceeding that happens before your trial, including the following:

Court appearances
Plea bargains
Discovery issues
Motion practice
Discovery Phrase

Discovery describes the prosecution team and your defense lawyer exchanging details. Its rationale is that every side should know the proof the other side will use at trial. It includes what a witness will testify.

Typically, discovery will reveal the following:

Physical evidence related to your criminal case
Police report
Expert statements or reports
Witness statements

Filing Motions

Filing a motion means your defense lawyer or a prosecutor is asking the judge to grant a specific ruling regarding a given aspect of your criminal case.

Filing a motion to suppress evidence under California Penal Code Section 1538.5 is a perfect example. Your defense attorney requests that the court exclude evidence from your case, especially if the law enforcers acquired evidence through an unlawful search or seizure. After the judge hears the evidence, they can choose to admit or exclude it (either grant or deny the California Penal Code Section 1538.5 motion). If the judge grants your motion, the prosecutor can decide to either dismiss your charges or negotiate a favorable plea bargain. On the other hand, if the judge denies your motion, the case evidence will remain inadmissible.

Another motion is the Pitchess motion, in which you, the accused person, seek to inspect a police officer's record for evidence of police misconduct. Your defense attorney can file the motion if they suspect the police might have acted improperly, including applying excessive force or filing false police reports. Governed by California Evidence Code Sections 1043 to 1047, a pitchess motion should include a description of the type of information you seek and a demonstration of good cause for the personnel records release. If the judge finds you demonstrated good cause, they will schedule an in-camera (private) hearing to decide which records are relevant to your criminal case.

Trial Hearing

Cases that are not closed during the pretrial hearing proceed to trial.

While you are entitled to a speedy trial, you can choose to delay your trial.

There are two types of trials: jury trials and bench trials. During a bench trial, the judge serves as both the jury and the judge. On the other hand, in a jury trial, 12 community members are selected to hear the evidence against you before determining whether you committed the alleged crime.

If you are charged with a misdemeanor, you are entitled to a jury trial. Here are things to expect during your jury trial:

Selecting the juror members
Opening statements
Lawyers presenting their proof
Jury deliberation
Closing arguments
Verdict
Sentencing

To find you guilty, the prosecutor has the burden of proving you committed the crime beyond a reasonable doubt.

Find Legal Assistance Near Me

The California court process is complicated, and, depending on the case, it can be lengthy. Effective and experienced legal assistance at all phases of your process is paramount to achieving the most favorable case outcome. If you or your loved one requires help, please contact Future Bail Bonds for more information. Our knowledgeable team can guide you throughout the process and answer your questions.

Testimonials

I highly recommend Orange County DUI Attorney. They did a great job. They clearly answered all my questions and kept me informed of developments as my DUI case progressed, and quickly responded to all my questions. I highly recommend his firm to anyone in need.

Jason M.

Orange County Bail Bond

Years of legal experience matters when it comes to criminal cases. I highly recommend the Orange County DUI Attorney for your criminal and DUI matters. Their experience and tenacity in the courtroom is the advantage you want on your side.

Negin Yamini

Los Angeles Criminal Attorney

One of the best criminal attorneys in Orange County. If you are looking for an aggressive and experienced DUI attorney in Orange County then you go with this DUI law firm. I recommend them to anyone who is in DUI trouble in Orange County.

Richard P.

Long Beach Criminal Attorney

Other Practice Areas

Find a DUI Attorney Near Me

Nothing beats having a skilled and experienced DUI attorney working on your case to represent you in court or at a DMV hearing. When you or a loved one faces a DUI charge and arrest, you need reassurance that you are in capable hands to help you face your case head-on. With the Orange County DUI Attorney, you can worry less about meeting all legal requirements and collaborating through a seamless case process. Thanks to our experience handling DUI cases, you can also look forward to better chances of a positive case outcome and avoid legal penalties. For more information about DUI cases in California, contact us today at 949-377-2280.