The California Criminal Process in 7 Steps

The prosecutorial process in each California county Superior Court follows the same clear and
predictable pattern. In our practice we have found that our clients find comfort in knowing what
they can about this process.

Step One:

An alleged crime is committed; it is either reported to, or witnessed by, the police.

--If witnessed, an officer may arrest a suspect on the spot without a warrant. An officer may
also arrest without a warrant if he has probable cause to believe a crime has just been committed,
even though not in his presence.

--If reported to law enforcement, an investigation follows; its results are submitted to the DA’s
office. The DA’s office either elects to not prosecute or it prepares a complaint and arrest
warrant.

Step Two:

Once arrested, the defendant’s first court appearance will be at an arraignment, where he will
see the charging document, be advised of his rights, and be told to find private counsel before the
next hearing, or be assigned to the public defender’s office. Conditions and amount of bail will
also be set.

--If it is a misdemeanor arraignment, the defendant will be given the opportunity to plead
guilty or not guilty. If guilty (or no contest), the court will either sentence on the spot or schedule
a sentencing hearing, usually two weeks out. If not guilty, the court will schedule a pre-trial
conference.

--If it is a felony arraignment, the defendant will enter his plea and the court will set the matter
for pre-trial. Following this hearing, defense counsel will file defense motions, if any might be
helpful, such as motions to suppress, and request further discovery from the DA’s office, if
necessary.

Step Three:

Normally the next hearing is a change of plea hearing, where the defendant pleads no contest to
a lesser charge and the matter is set for sentencing. [go to Step 5]. Alternatively, if defense
motions have not succeeded and there has been no change of plea, the next hearing is the
preliminary hearing, otherwise known as the probable cause hearing. This is a contested
hearing between defense counsel and the DA’s office, with the DA presenting witnesses as
necessary and the defense cross-examining those witnesses.
If court finds there is no probable cause, it will dismiss or reduce the charge to a misdemeanor.
If probable cause is found, the defendant is “bound over” for trial and another hearing is
scheduled, this one again called an arraignment, where the defendant is again given notice of the
charges in a document called an “Information,” and again advised of his rights before formally
entering his plea for the record.

Step Four:

Trial is set.

A trial is merely an expanded version of the preliminary trial. The DA must present evidence and
call witnesses to prove the crime. The defendant is not required to present evidence nor have
witnesses. He may merely challenge the DA’s case, but he can also introduce his own witnesses
such as expert witnesses. The trial is either with a jury or with just the judge presiding. The
jury or judge will find the defendant guilty or not. If guilty, a sentencing hearing is scheduled.

Step Five:

The probation department takes over.

Prior to the sentencing hearing, the probation department prepares a report and
recommendation for the court, based on its own investigation into the defendant’s family and
other matters relevant to probation. This report is crucial.

Step Six:

At the sentencing hearing the court will likely approve the probation department’s
recommendation, after consulting the sentencing guidelines in the California Rules of Court and
listening to final arguments from the DA’s office and from defense counsel.

Step Seven:

Probation, jail or prison.

Two or years later, normally, following probation, many clients ask us to go back into court to
expunge their criminal record, a service we provide at no additional charge.

© Law Offices of Douglas Slain 2010

Thedefenselawyer.com