The Life of a Criminal Case

​In the fourteen years I have been practicing criminal law, a common question is “What happens at the next court date?”   That is usually followed by, “How long is this court case going to take?”  Unfortunately, there are no clear cut answers to these questions.   Each case is different and has numerous variables. Here is an overview of the basic structure of a criminal case and some of the factors that impact the speed at which things happen.

Part 1 - Felonies

A felony (crimes that can get you a fine, jail, and even prison) typically has a couple more steps built into it compared to a misdemeanor (fine, probation, jail) case. 

The first court appearance in the life of a felony is the arraignment.  At the arraignment, the defendant will enter either a plea of guilty or not guilty. Most defendants plead not guilty at this initial appearance.  This will give your criminal defense attorney an opportunity to obtain “discovery” (the police and lab reports) and also find out what plea bargain the prosecution may offer.

If the defendant is in custody, the defense attorney may ask the court to set a bail review hearing.  This typically takes place within a few days after the arraignment.  The case is also set for a readiness conference and a preliminary examination. The “Prelim” must happen within ten days of the arraignment unless there is a time waiver.  Waiving time can allow your criminal defense attorney to adequately prepare for the Prelim.
The readiness conference allows both sides to sit down with the judge, hear the prosecution’s plea offer, and discuss whether or not a resolution can be reached.   If the case is not resolved at the readiness, the parties conduct the Prelim. 

At this appearance, the prosecution is required to prove to a judge that there is enough evidence for the case to go forward.  The burden of proof for this hearing is much lower than at jury trial.  The Prelim is typically much shorter than a trial and only involves the prosecution calling a couple of witnesses.  If the judge finds there is enough evidence, the defendant is “bound over.”  The defendant is then arraigned on a new charging document called the Information. 

Another readiness conference date will be set, as well as a jury trial date.  These dates may change for various reasons including further investigation, witness availability, and attempts to reach a “plea bargain.”  However, here in California, if a defendant is charged with a felony he/she must be brought to trial within 60 days of that second arraignment.  California Penal Code section 1382.  If not, and the defendant has not waived time, the defense can ask the judge to dismiss the case unless there is “good cause” for the delay.

If there is a conviction, either by “plea bargain” or a guilty verdict at trial, a sentencing date is set within 28 days.
 
 
Tomorrow in Part 2, I will discuss the procedure for Misdemeanors.
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