The Criminal Process

The Arrest:

The police arrest you based on probable cause that you have committed a criminal offense. The police do not file charges. They only provide reports and evidence to the prosecutor who then decides whether or not charges should be filed.

Arraignment/First Appearance:

At the arraignment, the judge advises you of all charges, your constitutional rights, and sets — or adjusts — the bail. Bail is used by the court almost like an "insurance policy" that you will appear on future court dates. The judge will look at two factors in deciding your bail: your risk of flight and whether you pose a danger to the community. Bail amounts range from "O.R." — released on your Own Recognizance — to millions of dollars. In serious cases the judge may refuse to allow bail.

Preliminary Hearing:

Preliminary Hearings are held in all felony cases to determine whether there is sufficient evidence to support the charges against you. Once a judge determines that there is probable cause, the case is sent to Superior Court for trial. During Preliminary Hearing, the district attorney or the judge can add additional charges and/or readjust the bail.

Arraignment in the Superior Court:

If the judge has determined that there is probable cause to support the charges, the prosecutor will file a document called an "Information in the Superior Court." The Information alleges the charges which you are facing at trial. At this time you are again advised of the charges and your constitutional rights. Again, you enter a plea of not guilty.

Pre-trial Conference:

At the pretrial conference, your defense attorney discusses the case with the prosecuting attorney, often including the judge. This is a good opportunity for your attorney to speak with the prosecution in order to obtain the best possible deal (plea bargain). It also allows your attorney to provide information which may prove your innocence so that the case is dismissed.

Trial:

During the jury trial you are entitled to have a jury of twelve impartial jurors. Both your defense attorney and the prosecuting attorney have an opportunity to make opening statements, introduce witnesses and evidence, cross examine witnesses and offer closing arguments. During their deliberation the jury decides whether the prosecution has proved its case against you.

Sentencing:

If you are found guilty, the sentencing hearing determines an appropriate punishment. Different crimes carry different possible penalties. The judge may be persuaded to sentence you to probation instead of a term in jail or state prison. You are entitled to a sentencing hearing so that your attorney can ask the judge to give you the lowest possible penalty.