The Process of a Criminal Case

State Felony Cases

Arraignment

This is the first appearance before a magistrate or Judge within a reasonable period of time.

1. You will be informed of the charges against you, which are stated in a document called a “complaint”
2. You will be informed of your constitutional rights.
3. The bail/bail-amount may be argued at this time.

Preliminary Hearing

This is an evidentiary hearing to determine whether there is probable cause to hold the defendant to answer for trial. The prosecution presents witness testimony and the defense has the opportunity to cross-examine and to challenge the evidence presented by the prosecution or to call witnesses and to present evidence of its own.
Information

Within 15 days of the preliminary hearing, the prosecution files a charging document called an “information” which states the charges for which the defendant was held to answer at the preliminary hearing.
Arraignment

The defendant pleads not guilty to the charges in the information and a pretrial conference and/or trial date is set.
Pretrial Conferences

At these conferences, the prosecution and defense negotiate to see if they can arrive at a settlement for the case, called a “plea bargain.” Sometimes, the Judge may become involved in the negotiation process. If the pretrial conferences are unsuccessful, then a trial date will be set.

Plea and Sentencing

If an acceptable plea bargain is negotiated, then the defendant will enter a “no contest” or “guilty plea” to the agreed upon charges, and will be sentenced according to the agreed upon terMs. and conditions. If there have been no previous requests for a pre-plea or probation report, then sentencing may be briefly continued until the Court is able to obtain such a report.
Pretrial Motions

There are sometimes hearings prior to the commencement of trial where pretrial motions are argued regarding evidentiary issues. Such motions vary greatly depending on the nature and circuMs.tances of the case and may not be necessary in all cases.

Jury Trial

Defendants accused of felony and misdemeanors alike have the constitutional right to a jury trial. At trial, the government must prove each element of each charge beyond a reasonable doubt. The defendant has the right to present evidence on his/her behalf and to cross-examine and challenge all the prosecution’s evidence.

State Misdemeanor Cases

Arraignment

This is the first appearance before a magistrate or Judge within a reasonable period of time.

1. The defendant is informed of the charges against him/her which are stated in a document called a “complaint.”
2. The defendant is informed of his/her constitutional rights.
3. The bail/bail amount may be argued.
4. The defendant pleads not guilty to all the charges, enhancements, and allegations and sets a pretrial conference date.

The arraignment is also often the first opportunity to view the discovery which consists of police reports, CHP reports, medical reports, and any other documents which may constitute evidence in the case.

Pretrial Conference

At this stage in the case, the prosecution and defense negotiate to see if they can arrive at an agreeable settlement for the case. Sometimes, the Judge may be involved in the negotiation process. If the pretrial conferences are unsuccessful, then a trial date will be set.
Pretrial Motions

There are often hearings prior to the commencement of trial where pretrial motions are argued regarding evidentiary issues. Such motions vary greatly depending on the nature and circuMs.tances of the case and may not be necessary in all cases.
Jury Trial

Defendants accused of felony and misdemeanors alike have the constitutional right to a jury trial. At trial, the government must prove each element of each charge beyond a reasonable doubt. The defendant has the right to present evidence on his/her behalf and to cross-examine and challenge all the prosecution’s evidence.

Federal Cases

Grand Jury Indictment or Complaint

A federal prosecutor called an Assistant Unites States Attorney (referred to as "AUSAs") either presents evidence to a grand jury, in order to obtain a grand jury indictment, or files a complaint with the United States District Court which lists the federal criminal charges against you. If a complaint is filed, then a preliminary hearing may be held to determine whether there is probable cause for the listed charges. Very often in California's federal courts, a grand jury indictment is returned.

Arrest and Bail

The United States Marshals are in charge of arresting and detaining federal defendants. In all federal cases, there will be a bail/detention hearing in front of a Magistrate Judge to determine whether a person charged with a federal crime will be permitted to remain out on bond or bail or whether he or she will be detained in custody pending the outcome of the case. A federal defense attorney can argue for a person charged with a federal crime to be released without putting up any type of money or property, or to be released with a written promise to appear, and can be instrumental in helping you stay out of jail during the case.

Initial Appearance

In circumstances where someone was arrested pursuant to a federal arrest warrant, or a person has surrendered himself to the U.S. Marshals, there will be an initial appearance in front of a Magistrate Judge where general constitutional rights will be read to the accused. Depending on the court, and the parties involved, the Initial Appearance may also be combined with the Bail/Detention Hearing in which case both the prosecutor, the defense attorney, and a pretrial services officer, will present evidence as to whether the accused should be released on bond, or bail, or should be detained.

Arraignment

At this court hearing the accused will hear the specific charges against him or her and will plead not guilty or guilty. In a majority of cases, this hearing takes place in front of a Magistrate Judge and then the case is further assigned for all purposes, and future court appearances, to a District Court Judge.

Plea Bargain or Trial

Depending on the facts of the individual case, and the goals of the accused, the next step in a federal case will either be reviewing the evidence, filing and arguing pretrial motions, and preparing for trial, or negotiating for a plea bargain. A federal defense attorney will be pivotal in determining how to proceed at this juncture in order to achieve the best outcome for the client. Generally, at this stage, there are numerous pretrial, and status court appearances, which will take place in front of a District Court Judge in order to determine whether the case will go to trial or will settle with a plea bargain.

If your case goes to trial, then your federal defense attorney, and the prosecutor, will both have the opportunity to call witnesses to testify, to question those witnesses, to present any favorable evidence for their position, and to make opening statements and closing arguments regarding the evidence. If a plea bargain is agreed upon, then the agreement is filed with the Court and the Judge has the right to accept the plea bargain or to reject the plea bargain.

Sentencing

If a successful defense is presented at trial, and the client is acquitted of all charges, then the case is over and no sentence of any kind will be imposed. If however, the client is convicted of any charges at trial, or the client agreed to a plea bargain where he pleaded guilty to at least one offense, then a sentencing hearing will be held to determine the final sentence. At this stage, an officer from the United States Probation Office is assigned to review the case, conduct an interview with the accused, and to issue a report to the District Court Judge which recommends a particular sentence. Your federal defense attorney, and the AUSA, will also file sentencing papers explaining to the Court what the appropriate sentence should be. In order to be victorious at the sentencing hearing, you must have a federal defense attorney who is extremely knowledgeable and skilled with the Federal Sentencing Guidelines, Mandatory Minimums which may apply to the case, and the Federal Statutes under which you were charged.

Federal criminal cases are extremely challenging and require a criminal defense attorney's full dedication, knowledge and skill. If you have been arrested for, or charged with a federal offense, then call the Law Offices of Karen L. Goldstein today for a free, confidential consultation: (888) 445 6313