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Resolving Criminal Charges in State Court: The Steps in the Process
Dealing with the criminal justice system can be intimidating and stressful, especially if you are unfamiliar with court procedures.
At the Law Office of John R. Fielding, Jr. & Associates, we inform and educate our clients about the steps in the legal process so they know what to expect. Our lawyers believe that, when people understand the system, they are better able to make intelligent choices about their futures. To that end, we offer the following brief description of what will happen to you, should you be arrested in California.
For Felony Crimes
After an arrest, you will be taken to the police station for booking. In most cases, you will be able to post bail before your first court appearance. The first court appearance is called an arraignment. At the arraignment you will be formally advised of the charges filed against you. You are advised of certain constitutional rights and a plea is entered.
Pretrial Release from Custody
At the arraignment, the judge may consider the currently set bail amount. If the amount of bail is unreasonable, we argue that it be lowered. In many cases, we request that the client be released without posting any bail. This is called being released on one's "own recognizance." If the bail is not lowered, we can request a subsequent bail review, which is another attempt to have bail lowered or have the client released on his own recognizance.
Future court dates are set. The next steps include:
- Bail review (if necessary).
- Readiness conference hearing: This hearing may present an opportunity to resolve your case.
- Preliminary hearing: The prosecution has the burden of presenting some evidence that a crime occurred and that the defendant committed it. If the prosecution is successful, the case is set for trial.
- Second arraignment: The defendant is again advised of the charges and future pretrial hearings are scheduled.
- Second readiness hearing: This hearing provides another opportunity to attempt a resolution of the case before trial.
- Trial: We aggressively advocate on our client's behalf to obtain a not guilty verdict.
- Sentencing: If you enter a guilty plea prior to trial or are convicted at trial, a sentencing date is set. On that date, we present a statement in mitigation explaining why you deserve a lenient sentence.
For Misdemeanor Crimes
Misdemeanors are treated similarly to felonies. There is an arraignment, a readiness conference and a trial. We attempt to learn to which prosecutor the case has been assigned, schedule a personal appointment with that prosecutor and attempt to reach a resolution acceptable to our client. In most misdemeanor cases, a client does not have to appear at pretrial hearings as his attorney can appear on his behalf.
Call Toll Free: 888-893-3847 for a Free Initial Consultation
To learn more about how criminal charges are resolved and to discuss the specifics of your case, please contact the Law Office of John R. Fielding, Jr. & Associates in downtown San Diego.
