Felony Case Process
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A felony case can be broken down into four steps. The first step is called an
arraignment. At the arraignment, the Court asks the defendant to enter a plea
of “guilty” or “not guilty”. The Court does not consider whether the charges
are true or not true, and no evidence is presented. Prosecutors usually do not
participate in felony arraignments unless there are other issues such as
setting or modifying bail. At the arraignment the Court may set, lower or raise
the bail amount. At the arraignment, the Court will set a pre-preliminary
hearing conference and a preliminary hearing date. The preliminary hearing
will be set within ten (10) Court days of the arraignment, unless a waiver of
the time limit is taken.
After arraignment, the prosecution will customarily issue subpoenas for
witnesses and victims to appear on the preliminary hearing date. The
prosecution issues subpoenas to a witness whenever the prosecution will rely
on a witness for testimony at the preliminary hearing; the issuance of a
subpoena does not mean the preliminary hearing is more or less likely to
happen, nor does it reflect on the strength or weakness of the case. It is
merely a normal part of preparation.
The next step is a pre-preliminary hearing conference. At this stage the
attorney and prosecutor discuss the case in chambers with the judge. The
defense may ask for information and evidence from the prosecution, called
discovery. The attorneys and Court also try to negotiate a resolution
acceptable to both sides. Defendants do not participate in the pre-
preliminary hearing conference although your personal appearance in Court
is required. This stage of the process gives the defense attorney all the
evidence the prosecution intends to use in the case, time to consider and
explore the evidence, and an opportunity to make efforts at resolving the
case.
The third step is the preliminary hearing. Many cases are resolved prior to
the preliminary hearing.
If a case cannot be resolved prior to the hearing, another attempt will be
made on the day of the hearing itself. If the case cannot be resolved the
defense will announce “ready” for preliminary hearing. Depending on
prosecution readiness and the availability of a courtroom, the preliminary
hearing may be heard sometime that day, or may “trail” until it can be heard.
At the preliminary hearing, the prosecution must simply present evidence that
there is probable cause to believe that the defendant committed the crime or
crimes charged. California law permits the prosecutor to meet this burden by
calling only one law enforcement officer who investigated the case. The
prosecution does not have to prove the case beyond a reasonable
doubt at the preliminary hearing(that standard only applies at trial).
Therefore, it is usually not difficult for the prosecution to “win” the preliminary
hearing.
If the Court finds there is probable cause to believe the defendant committed
the charged offense, the defendant is “bound over” for trial and the case is
transferred to the Trial Court(sometimes referred to as Superior Court). In
Superior Court, the defendant is once again arraigned , the case is set for
trial, and the case is ultimately tried before a jury if no resolution is
reached.
arraignment. At the arraignment, the Court asks the defendant to enter a plea
of “guilty” or “not guilty”. The Court does not consider whether the charges
are true or not true, and no evidence is presented. Prosecutors usually do not
participate in felony arraignments unless there are other issues such as
setting or modifying bail. At the arraignment the Court may set, lower or raise
the bail amount. At the arraignment, the Court will set a pre-preliminary
hearing conference and a preliminary hearing date. The preliminary hearing
will be set within ten (10) Court days of the arraignment, unless a waiver of
the time limit is taken.
After arraignment, the prosecution will customarily issue subpoenas for
witnesses and victims to appear on the preliminary hearing date. The
prosecution issues subpoenas to a witness whenever the prosecution will rely
on a witness for testimony at the preliminary hearing; the issuance of a
subpoena does not mean the preliminary hearing is more or less likely to
happen, nor does it reflect on the strength or weakness of the case. It is
merely a normal part of preparation.
The next step is a pre-preliminary hearing conference. At this stage the
attorney and prosecutor discuss the case in chambers with the judge. The
defense may ask for information and evidence from the prosecution, called
discovery. The attorneys and Court also try to negotiate a resolution
acceptable to both sides. Defendants do not participate in the pre-
preliminary hearing conference although your personal appearance in Court
is required. This stage of the process gives the defense attorney all the
evidence the prosecution intends to use in the case, time to consider and
explore the evidence, and an opportunity to make efforts at resolving the
case.
The third step is the preliminary hearing. Many cases are resolved prior to
the preliminary hearing.
If a case cannot be resolved prior to the hearing, another attempt will be
made on the day of the hearing itself. If the case cannot be resolved the
defense will announce “ready” for preliminary hearing. Depending on
prosecution readiness and the availability of a courtroom, the preliminary
hearing may be heard sometime that day, or may “trail” until it can be heard.
At the preliminary hearing, the prosecution must simply present evidence that
there is probable cause to believe that the defendant committed the crime or
crimes charged. California law permits the prosecutor to meet this burden by
calling only one law enforcement officer who investigated the case. The
prosecution does not have to prove the case beyond a reasonable
doubt at the preliminary hearing(that standard only applies at trial).
Therefore, it is usually not difficult for the prosecution to “win” the preliminary
hearing.
If the Court finds there is probable cause to believe the defendant committed
the charged offense, the defendant is “bound over” for trial and the case is
transferred to the Trial Court(sometimes referred to as Superior Court). In
Superior Court, the defendant is once again arraigned , the case is set for
trial, and the case is ultimately tried before a jury if no resolution is
reached.
Long Beach Law Office
444 West Ocean Avenue
Long Beach CA 90802
444 West Ocean Avenue
Long Beach CA 90802
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The filing of a criminal complaint is a complicated and fact specific process, a person charged with a felony should speak to a
lawyer , San Pedro Criminal Attorney about the merits of his or her case as soon as possible. Defenses can be lost if quick action
is not taken.
|| Long Beach Superior Court || Site Map || Expungement of Criminal Convictions || California DUI Law || Drug Possession ||
|| Search and Seizure Law || Actual Long Beach Criminal Case Results || DUI Arrest || Felony Case Process || Lineups ||
|| Pre-Filing Criminal Investigation || California Three Strikes Law || Miranda Rights || Legal Resources Directory ||
The filing of a criminal complaint is a complicated and fact specific process, a person charged with a felony should speak to a
lawyer , San Pedro Criminal Attorney about the merits of his or her case as soon as possible. Defenses can be lost if quick action
is not taken.