Misdemeanor Crime
A crime that may be punishable by confinement to a county jail for less than 1
year.
A. District Attorney’s Office
A misdemeanor complaint is filed for a victim by a police agency. The case is
reviewed by an Assistant District Attorney, who after reviewing the facts,
decides whether to issue a complaint.
B. Arraignment
At this initial appearance or arraignment the judge or court commissioner set
bail, takes defendant’s plea of guilty or not guilty, appoints an attorney
if the defendant is in financial need, and sets a date for a pretrial hearing
if the plea is not guilty. If the plea is guilty, the defendant may be
sentenced immediately or at a future date.
C. Pretrial Conference
When there is a not guilty plea entered, a pretrial conference is held with the
defendant, his attorney, the Assistant District Attorney and a court
commissioner. If a plea agreement is reached here and the plea is changed to
guilty, a date will be set for a change of plea before a judge. If the plea
remains not guilty, a date is set for trial before a judge or before a jury.
D. Change of Plea Hearing
This occurs before a judge when a defendant changes a not guilty plea to guilty
or no contest. Sentencing may occur here or a date will be set.
E. Motions
A motion is a verbal or written request about a legal question made by the
prosecutor or the defense attorney before, during or after a trial, asking the
court to issue a rule or an order.
F. Trial
After all motions are heard, if there is not a change of plea, the trial will
begin as scheduled. If the defendant is found guilty, a date is set for
sentencing. If he/she is found not guilty, this is the end of the court
proceedings.
G. Sentencing
Sentencing occurs after a guilty plea or
finding of guilt by jury or court. Victims and witnesses may be
present in court for the sentencing.
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Felony Crime
A crime that may be punishable by confinement for 1 year or more in a state
prison.
1. District Attorney’s Office
A felony complaint is filed for a victim by a police agency. The case is
reviewed by an Assistant District Attorney who, after reviewing the facts,
decides whether to issue a formal complaint.
2. First Appearance
At the first appearance the defendant makes is or her initial appearance. The
judge reads the complaint, sets bail and appoints an attorney if the defendant
is in financial need. A date is set for a Preliminary Hearing.
3. Preliminary Hearing
In felony cases, a Preliminary Hearing must be held. The judge hears testimony
to decide if the State has probable cause to believe a crime was committed and
the defendant probably committed it. If the judge feels the State has enough
evidence to make the defendant stand trial, the case will continue and is
"bound over" for trial in court.
4. Arraignment
After a Preliminary Hearing and a finding of probable cause, the defendant
appears in court for the Arraignment at which time the defendant pleads guilty
or not guilty and can assert his right to request a jury trial. If there is a
guilty plea, there is a date set for sentencing. If there is not a guilty plea,
a date is set for trial. There may also be several court dates set for Motion
hearings.
5. Motions
A motion is a verbal or written request about a legal question made by the
prosecutor or the defense attorney before, during or after a trial, asking the
court to issue a rule or order/
6. Pretrial
A pretrial conference is held before the trial, between the defendant, his
attorney, and Assistant District Attorney and a court commissioner. At this
hearing, a plea agreement may result in a change of plea to guilty. If a change
of plea does not occur the exact date and time of the jury trial will be set.
7. Change of Plea Hearing
This occurs before a judge, and a defendant changes a not guilty plea to guilty
or no contest. Sentencing may occur here or a date will be set.
8. Trial
After all motions are heard, if there is not a change of plea, the trial will
begin. If the defendant is found guilty, a date is set for sentencing. If
he/she is found not guilty, this is the end of the court proceedings.
9. Sentencing
Sentencing occurs after a guilty plea or
finding of guilt by jury or court. Victims and witnesses may be
present in court for the sentencing.
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