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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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