At the Law Offices of Rausa and Mason, we make sure our clients understand the procedures related to their legal cases.
Misdemeanor Cases
Misdemeanor crimes are generally punishable by a maximum fine of $1000 and one year or less in the county jail. However, the punishment for some offenses can exceed these general criteria. Some common examples of misdemeanor violations include drunk driving, possession of an illegal weapon (such as metal knuckles), prostitution, petty theft, and vandalism.
The Misdemeanor Process:
The Arrest:
First, an arrest is made. Often times in a misdemeanor case, the Defendant is not taken to jail, but rather given a citation and makes a promise to appear at an Arraignment within the next 30 days or so. If the police take the defendant to jail, three things can happen:
- The defendant is released - no charges are filed.
- The defendant posts bail/bond or is released on his or her own recognizance ("O.R.") and is scheduled for arraignment.
- The defendant remains in the custody and is transported to court for arraignment.
The Arraignment:
The Defendant’s first appearance in court is the Arraignment. The following events occur at an
Arraignment:
- The defendant is informed of the charges against him or her.
- The defendant is advised of his or her constitutional rights.
- If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the court.
- The defendant enters a plea of guilty, not guilty or no contest.
- Not Guilty: The defendant states that he or she did not commit the crime.
- Guilty: The defendant admits that he or she committed the crime and is in effect, convicted.
- No Contest: Also known as "Nolo Contendere." The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.
- The defendant is released on his or her "Own Recognizance," or the court sets bail and the defendant is remanded/committed to the custody of the Sheriff.
Also at the arraignment, the Defense attorney may move for a Demurrer, or dismissal of the
Complaint under Penal Code §1004, if the Complaint either (1) Fails to meet the specificity requirement adequately putting the Defendant on notice of the charges filed; (2) If the Complaint is filed in the wrong Court and that Court does not have Jurisdiction over the Defendant; (3) Due to Misjoinder; (4) If the Complaint fails to state a Public Offense; and (5) If there is a legal excuse or bar to the particular prosecution.
Investigation:
After the Arraignment, the Criminal Defense Attorney begins an independent investigation into the alleged offense. This includes, among other things, visiting the scene of the alleged crime, interviewing witnesses to the alleged crime, interviewing and investigating the accuser, interviewing the family and friends of the Defendant and sending any necessary evidence to scientific and/or psychological experts.
The Pretrial Hearing:
At the pretrial hearing, there is an exchange of information between the prosecution and the defense known as discovery. Pretrial motions may also be filed before the start of the trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. The defendant may at this point change his or her plea to guilty or no contest.
Pretrial Motions and Motions in Limine:
Prior to trial, the defense attorney may file any relevant pretrial motions that will affect the outcome of the case. Examples of common pre-trial motions include, but are not limited to: Motion to Suppress Evidence Unlawfully Seized; Motion to Compel Additional Discovery from the Prosecutor; A “Pitchess Motion” to review the personnel file of any police officers involved in the arrest; A Motion Forcing the Prosecution to Disclose the Name of their Confidential Informant; A Motion to Dismiss for Governmental, Police, and/or Prosecutorial Misconduct; A Motion to Suppress a Confession; A Motion to Suppress an Eyewitness Identification; A Motion to Exclude Evidence of Rape/Trauma Syndrome; and A Motion to Include Evidence of the Accuser’s Prior Sexual Conduct in a Rape Case, among many other possible motions.
Jury Trial:
Before a trial can begin, a jury must be selected. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Appellate Department of the Superior Court.
Court Trial:
In lieu of a jury trial, the parties may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty.
Felony Cases and Punishment:
Felony crimes are punishable by a sentence to state prison term of more than one year or death. Some examples of felony crimes are murder, possession of dangerous drugs for sale, robbery and rape.
The Felony Case Process:
The Arrest:
First, an arrest is made. On a felony arrest the police take the defendant to jail. Three things can happen:
- The defendant is released - no charges are filed.
- The defendant posts bail/bond or is released on his/her own recognizance ("O.R.") and is scheduled for arraignment.
- The defendant remains in the custody of the law enforcement agency and is transported to court for arraignment.
Charging Document:
It is possible, in a felony case, that the charges were brought against the Defendant after a Grand Jury investigation which led to a Grand Jury Indictment. If this is the case, a warrant will likely be put out for the Defendant’s arrest, and then the Defendant will be arraigned after arrest. However, in most cases, the Defendant is arrested and then arraigned on the complaint.
The Arraignment:
A felony arraignment on the complaint is the defendant's first court appearance. The following events occur:
- The defendant is informed of the charges against him or her.
- The defendant is advised of his or her constitutional rights.
- If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the court.
- The defendant enters a plea of guilty, not guilty or no contest.
- Not Guilty: The defendant states that he or she did not commit the crime.
- Guilty: The defendant admits that he or she committed the crime and is in effect, convicted.
- No Contest: Also known as "Nolo Contendere." The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.
- The defendant is released on his or her "Own Recognizance," or the court sets bail and the defendant is remanded/committed to the custody of the Sheriff.
Also at the arraignment, the Defense attorney may move for a Demurrer, or dismissal of the
Complaint under Penal Code §1004, if the Complaint either (1) Fails to meet the specificity requirement adequately putting the Defendant on notice of the charges filed; (2) If the Complaint is filed in the wrong Court and that Court does not have Jurisdiction over the Defendant; (3) Due to Misjoinder; (4) If the Complaint fails to state a Public Offense; and (5) If there is a legal excuse or bar to the particular prosecution.
The Preliminary Hearing:
A preliminary hearing is held to determine if there is sufficient evidence for the judge to reasonably infer that a crime has been committed and that the defendant committed the crime and should therefore be "held over" for trial.
If the case was filed by complaint, then once a defendant is "held to answer," the prosecuting agency files a document called the Information. The defendant will subsequently be arraigned on the information at which time he or she will enter a plea and proceed to trial.
Investigation:
After the Arraignment, the Criminal Defense Attorney begins an independent investigation into the alleged offense. This includes, among other things, visiting the scene of the alleged crime, interviewing witnesses to the alleged crime, interviewing and investigating the accuser, interviewing the family and friends of the Defendant, and sending any necessary evidence to scientific and/or psychological experts.
Felony Readiness Conference:
At the felony readiness conference, there is an exchange of information between the prosecution and the defense. Pretrial motions may also be filed before the start of the trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. The defendant may at this point change his or her plea to guilty or no contest. The Prosecutor and defense attorney also discuss any possible settlements to the case.
Pretrial Motions:
Prior to trial, the defense attorney may file any relevant pretrial motions that will affect the outcome of the case. Examples of common pre-trial motions include, but are not limited to: Motion to Suppress Evidence Unlawfully Seized; Motion to Compel Additional Discovery from the Prosecutor; A “Pitchess Motion” to review the personnel file of any police officers involved in the arrest; A Motion Forcing the Prosecution to Disclose the Name of their Confidential Informant; A Motion to Dismiss for Governmental, Police, and/or Prosecutorial Misconduct; A Motion to Suppress a Confession; A Motion to Suppress an Eyewitness Identification; A Motion to Exclude Evidence of Rape/Trauma Syndrome; and A Motion to Include Evidence of the Accuser’s Prior Sexual Conduct in a Rape Case, among many other possible motions.
Jury Trial:
Before a trial can begin, a jury must be selected. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Court of Appeal of the State of California.
Court Trial:
In lieu of a jury trial, the defendant may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty. This is usually a good strategy if the only issue is an issue at law which the jury may not understand or may want to ignore for other reasons.
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