| Stage 1: Charges
Criminal charges generally fall into two categories;
misdemeanors and felonies. Felonies, the more serious
charges, are those crimes which are potentially punishable
by imprisonment in a State prison. Misdemeanors are
punishable by fine and/or imprisonment in a county jail
for up to one year. Misdemeanors include such offenses
are petty theft, drunk driving, simple assault and domestic
violence.
Stage 2: Arraignment
When charged with a misdemeanor, the first court appearance
is the arraignment. If represented by counsel, the defendant
does not have to appear in court, except in domestic
violence cases, where this appearance is mandatory.
In fact, if represented by counsel, a misdemeanant probably
will never have to make a personal court appearance,
if he or she so chooses. At the arraignment, a formal
charge is filed by the prosecutor and the defendant
is asked to enter a plea. If in custody, the amount
of bail is usually reviewed.
Stage 3: Discovery
Following arraignment, the defense counsel is provided
with "discovery" materials by the prosecutor.
This includes police reports regarding the case, witness
statements, photographs, etc. Having received these
materials, the attorney is then prepared for the next
appearance, which is deemed a "readiness conference."
The purpose of this hearing is essentially to determine
whether a settled disposition-"plea bargain"-can
be reached. If so, the defendant signs a written plea
agreement, which the attorney submits to the court and
sentence is imposed. If not, the case proceeds to trial.
Stage 4: Trial
In any case in which the defendant is potentially liable
to receive a term of imprisonment, he or she has a constitutional
right to be tried by a jury. Barring a negotiated settlement,
the case will proceed to trial. A verdict, whether a
finding of guilty or not guilty, must be unanimous or
a mistrial is declared.
If the defendant is found not guilty, the case is ended.
There can be no retrial, based on the Double Jeopardy
Clause. If found guilty, a sentencing hearing is set.
As noted, misdemeanors carry a maximum of one year in
jail and a $10.000 fine. An appeal to the appellate
department of the superior court may be taken, if the
defendant desires.
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