I've been arrested - what happens next?
The very first court appearance is called the "arraignment." At the arraignment, the court typically appoints the public defender if you can't afford a private attorney. At the arraignment, the court also provides the public defender with a copy of the "complaint," which is a written document, filed by the prosecutor, accusing you of one or more crimes.
Within a few days after the arraignment, the prosecutor usually starts sending to our office the police reports, laboratory reports, and copies of evidence items regarding your case. The above mentioned reports and evidence items are called "discovery." Sometimes it takes a long time to get all the discovery. Discovery is extremely important because it allows us to evaluate the evidence the prosecutor has against you.
The "complaint" lists the charges against you. The arraignment judge also sets your next court date which is usually for a preliminary hearing. The "preliminary hearing" is also called a "preliminary examination." You must be present at the preliminary hearing.
If you are in custody, a hearing regarding releasing you on your "own recognizance" (OR), or bail, may be set within 2 court days of your arraignment. Before the OR or bail hearing, an agent of the probation department will visit you in jail and ask you certain questions. These questions range from your living situation to your source of income. Also, questions are asked regarding your contacts within the community. At no time should you discuss the merits or facts of your case with this agent. He or she will compile a report to be presented at the OR hearing. Copies of this report will be provided to the judge, the prosecutor and your attorney. If the report is favorable, you will be released from custody after you sign a promise to appear at your next court date, or post bail. If it is a negative report then the amount of your bail will not be reduced, you will not be released, and the preliminary hearing will be confirmed for the day it was orignially set.
A preliminary hearing is a screening hearing. Usually, only the investigating officer(s) testify. At this hearing the judge may either:
1. Dismiss all or some of the charges for insuficient evidence; or
2. Reduce all or some of the charge(s) to a misdemeanor; or
3. Determine that there is enough evidence to take the case to trial.You have a right to have the preliminary hearing conducted within 10 court-days (does not include legal holidays and weekends) and no later than 60 calander days. Often, when the defendant is in custody, a "no time waiver" is entered. This means that the preliminary hearing will be conducted within the 10 court-day period. However, when the defendant is out of custody, it is customary to "waive time." This means that the preliminary hearing may be held beyond the 10 or 60 day limitation. This is often beneficial to the defendant, because it allows an interview in the Public Defender's Office at the defendant's convience.
Typically, a preliminary heaing is set for 9:30 a.m. (at which time you must appear), but will not be conducted until 1:30 p.m. The reason why the hearing is set in the morning is to allow the judge, prosecutor, and your lawyer to meet in the judge's chambers. At the 9:30 a.m. meeting the prosecutor will tell the judge the facts of the case from the perspective of the prosecutor. In other words, the prosecutor will tell the judge what the prosecutor thinks happened. The prosecutor will often, but not always, make an offer to settle your case without a trial and without a preliminary hearing. The offer is usually in the form of "If the defendant will plead guilty or no contest to the charge(s), then at the time of sentencing the prosecution will recommend to the judge that the sentence be as follows:...".
The judge, the prosecutor, and your lawyer all meet in the judge's office (along with other defense attorneys).
An example of an offer by the prosecutor is when the prosecutor says, "If defendant pleads guilty, or no contest, to count 1," then at time of sentencing the prosecutor will agree to no state prison at the outset. This is referred to as an "N.S.P. offer," or "no state prison" offer. This means that the prosecution could recommend that you be placed on probation for up to five years, that you be ordered to pay fines and restitution, that you serve a period in jail of up to 365 days, and other probationary terms. However, the ultimate determination as to the amount of time you spend on probation and the length of your sentence is to be decided by the judge.
During the 9:30 a.m. conference, your lawyer will correct any discrepancies by the prosecutor and also tell the judge facts about your case or facts about you personally which your lawyer believes will help your case. However, your lawyer will not divulge any confidential information without your permission.
If you are in custody at the time of the preliminary hearing, the sheriff will bring you to court on that day. If you are out of custody at the time of the preliminary hearing, you must arrive at the scheduled courtroom by 9:30 a.m.
Your attorney is required by law to tell you of the prosecutor's offer. Your lawyer will tell you what the prosecutor's offer was, what the judge said, and your lawyer will probably express his or her opinion as to the merits of the offer. However, the decision to accept or reject an offer is yours alone.
If you accept am offer by the prosecutor at the preliminary hearing, a number of things happen. First, you will review with your attorney the contents of a waiver and plea form, which your attorney will explain to you. After you sign the waiver and plea form, you will give it back to your lawyer who will review it, sign it and give it to the prosecutor so the prosecutor can sign it. The waiver and plea form is then given to the judge. Sometime that morning you will then appear in court in front of the judge. The judge will show you the waiver and plea form and ask you questions about it such as: "Are these your initials?"; "Is that your signature?"; "This form says you want to plead guilty or no contest to count 1, is that what you want to do?"; and, other questions to make sure you know and understand what you are doing and that the plea is what you want to do.
A waiver and plea form lists your constitutional rights such as a jury trial, and those rights that attach to a jury trial. If you sign this form, you are agreeing to waive those rights and enter a plea of no contest or guilty.
The decision to plead guilty is always your decision and your decision alone. Your lawyer will give you the best advice possible based on his or her years of education and experience. But again, the decision to plead guilty is ultimately yours and yours alone.
If you reject the prosecutor's offer, then the prosecutor may withdraw the offer and is not required to make any further offers to you. If you reject the prosecutor's offer at the 9:30 a.m. hearing, the preliminary hearing will be confirmed for 1:30 p.m. that same day.
The purpose of a preliminary hearing is for a judge to decide whether there is "sufficient cause," or "probable cause," for the judge to believe that one or more of the crime(s) charged were committed and that you are the person that committed the crime. The prosecutor calls witnesses and puts on evidence at the preliminary hearing. Your attorney will ask questions. Your attorney might also present evidence at the preliminary hearing, (however, for tactical reasons, presentation of such evidence is rare), but this is a decision your attorney will make in consultation with you. At the end of the preliminary hearing, the judge will decide whether the evidence produced establishes probable or reasonable cause to believe that you committed a crime. If the judge decides there is no probable or reasonable cause, then you win and the case against you will be dismissed. The judge may also reduce the charge to a misdemeanor. However, if the judge decides there is probable or reasonable cause to believe you committed one or more charged crimes, then the judge will issue an order requiring you to stand trial.
If the preliminary hearing judge issues an order holding you to answer to one or more felony charges at trial, then a date will be set for your arraignment for trial. This date is typically two weeks after the preliminary hearing date. Arraignment for trial of felony charges is usually a brief court appearance in front of a judge. You must be present at the arraignment for trial.
At the arraignment for a felony trial, your lawyer is given two things. First, your lawyer is given a written document listing the charges you must face in the trial court. This document is called an "information." Second, your lawyer is usually given a copy of the preliminary hearing transcript. The preliminary hearing transcript is a written version of what was said under oath at the preliminary hearing. The preliminary hearing transcript is usually not available until the date of the trial court arraignment. In addition to receiving the "information" and the "preliminary hearing transcript," your lawyer will be given three dates: (1) A "last day to file motions" which is the date by which all pretrial motions in your case must be filed, (2) a date for the "trial readiness conference" (TRC), and a date for the "trial". If you are in custody, the trial will usually be set without entering a "time waiver." This means the trial must be conducted 60 days after the arraignment, unless good cause for delay is shown. If you are out of custody, a "time waiver" is usually entered. This means that trial will be set beyond the 60 day limitation.
You do not have to be in court on the "last day to file motions date". However, the last day to file motions date is the only date which you do not have to be in court.
The "trial readiness conference" (TRC) is designed to see if your case is ready for trial and often, one last attempt is made to settle the case. You must be present and on time for the trial readiness conference. The time for this conference is usually at 1:30 p.m. However, always be sure to confirm all dates and times with the dates on your copy of the minute order that will be provided to you when your are arraigned. If you have any doubt as to what time your appearance in court is required, be sure and call our office to make sure.
At the TRC, the judge, the prosecutor, and your attorney will probably discuss the merits of your case in the judge's chambers. Because there are often many cases scheduled for TRC, the negotiations often last much of the afternoon. Once your case has been throughly discussed, your attorney will speak to you about what was said in the judge's chambers.
If your case does not reach settlement at the TRC level, then it is confirmed for trial. You must be present and on time every day of your trial.
So the time from your first arraignment until the date your trial starts is usually 68 to 85 days if no time waiver has been entered. However, there are certain times in which a waiver of time for preliminary hearing or trial should be entered by you, even though you are in custody. For instance, cases that are more complicated, and cases that require experts or have special investigation needs, can often take longer to prepare for trial. Your attorney will advise you whether or not he or she believes a waiver of time is necessary in your case and the reason for it.
DO NOT TALK TO ANYONE ABOUT YOUR CASE, OTHER THAN YOUR ATTORNEY. ANYONE OTHER THAN YOUR ATTORNEY MAY LATER BE FORCED TO TESTIFY AGAINST YOU: THIS INCLUDES FAMILY, FRIENDS AND, IF YOU ARE IN CUSTODY, OTHER INMATES.
Your lawyer will want to talk with you as soon as possible about the case.
To help your lawyer, please prepare for the interview by writing down the following:
1. Any questions you have;
2. The names of all witnesses;
3. The nicknames or other names the witnesses are known by, if any;
4. The addresses of all witnesses;
5. The telephone number of all witnesses; and
6. The names, addresses, and telephone numbers of people who can tell the court something favorable about either the facts of the case or about you.
If you are out of custody, please telephone the Public Defender's office at (530) 666-8165 as soon as possible to make an appointment to discuss your case with your attorney.
If you are in the Yolo County Jail, you may use a telephone line to call the Office of the Public Defender free of charge; a receptionist will connect you to your attorney's telephone.
Question: What is a misdemeanor?
Answer: A misdemeanor is a criminal charge that can carry a maximum sentence of 365 days in county jail and/or a substantial monetary fine.
ARRAIGNMENT:
Your first court appearance is called an ARRAIGNMENT. There are four main purposes of ARRAIGNMENT:
1. The first purpose of ARRAIGNMENT is to formally advise you of the misdemeanor charge(s) brought against you by the prosecutor.
The charge(s) against you are contained in a document called a "complaint." The complaint contains language from the actual law you are accused of violating with very little information specific to your case, other then the date the offense allegedly occurred.
2. The second purpose of ARRAIGNMENT is to appoint an attorney to represent you if you cannot afford to hire one.
If you are in jail the day of your arraignment, the court will appoint an attorney to represent you. If you received a citation and you are out of custody, the court may refer you to the Public Defender's Office or private counsel. You must then make an appointment to see an attorney at the Public Defender's Office, or the private attorney to whom you were referred. When you arrive at the Public Defender's Office for your appointment, you will first be required to fill out a financial declaration to determine whether or not you qualify for representation by the Public Defender's Office. If you qualify for the services of the Public Defender's Office, you will then be interviewed by an attorney.
Please bring any documents or other materials that you feel are relevant to your case to your appointment. The attorney will probably have a copy of the complaint against you and/or the police report or citation made at the time of the incident. Typically, the attorney will ask you to tell your side of the story. It is important to tell the attorney everything about your case. Your conversation with that attorney is completely confidential, and he or she will not divulge any part of your conversation to the prosecutor or judge without your permission.
3. The third purpose of ARRAIGNMENT is for the court to set future court dates for you to appear on your case.
Following your ARRAIGNMENT the court will provide you with a piece of paper containing your future court dates and information about what occurred during your court appearance. Never leave court without this piece of paper.
4. The fourth purpose of ARRAIGNMENT is to address the issue of bail. If you are in jail at the time of ARRAIGNMENT, the public defender will argue to have your bail reduced or ask to release you without bail (on your own recognizance). Remember, the judge is required to assume the charges against you are true for the purposes of setting bail. The judge will consider factors such as the seriousness of the charges and whether you will return for your next court appearance. If you have a parole hold or INS hold (immigration) the judge will not release you and you will not be able to "bail out" unless these holds are lifted.
If you are not in jail at the time of your arraignment, it is unlikely the judge will set bail in your case. In almost all cases the judge will allow you to remain out of jail for the duration of your case.
FIRST MEETING/CONVERSATION WITH YOUR ATTORNEY:
The terms lawyer, attorney, and public defender can be used interchangeably; a public defender is a lawyer (attorney) that represents people that can not afford to hire a lawyer (attorney). Private lawyers are sometimes appointed when the law requires that a public defender cannot represent you.
If you have entered a plea of Not Guilty at your ARRAIGNMENT, and you are informed that the Public Defender's Office will represent you, you must call (530) 666-8165 and schedule an appointment.
When you schedule an appointment to meet with your attorney, be sure to bring all documents, photographs, names, addresses and telephone numbers of witnesses and anything else that is relevant to your case. Since the time between arraignment and trial may be as little as 45 days (if you are out of jail at the time of arraignment), it is very important to help your attorney prepare in the most time efficient way possible. However, NEVER attempt to speak to the alleged victim in the case (if there is one). Your attorney will make arrangements for an investigator to interview possible witnesses including the alleged victim.
It is very important to stay in touch with your attorney and advise your attorney of any address or phone number changes that occur during your case. If you forget your public defender's name, you should call the public defender general number: (530) 666-8165. Remember that all public defenders have very busy court schedules and are usually in court between 8:15 a.m. and 4:30 p.m., Monday through Friday. If you do not immediately receive a return call from your attorney, your call will almost certainly be returned within a few days.
PRE-TRIAL CONFERENCE (PTC):
If you did not plead Guilty or No Contest at your ARRAIGNMENT, your second court appearance will most likely be your pretrial conference (PTC). You must personally appear at the PTC. At this time the prosecutor may make an offer to settle your case for (a) less serious charge(s) or sentence.
If you choose not to change your plea to Guilty or No Contest at the PTC, your case will then proceed to JURY TRIAL. However, the court may schedule one more appearance prior the the jury trial, a trial confirmation conference (TCC), in a last-ditch effort to see if your case can be resolved without a jury trial. You must be personally present in court at the date and time scheduled for your TCC.
JURY TRIAL:
This is the date that your case will go to trial. You must appear in the scheduled trial court at 8:15 a.m. (in the morning) to meet your attorney. At this time the prosecutor may have one last offer for you to plead Guilty or No Contest instead of going to trial. This is unlikely, however.
Your trial will probably last for more than 1 day. On the days following the first day of trial, your attorney will tell you what time to arrive in court the next day. Make sure you understand when and where you must be every day. Typically, after the first day of trial, you will return to the courtroom where your trial is being conducted. When attending trial, be sure to dress your best.
VERY IMPORTANT THINGS TO REMEMBER:
It is VERY IMPORTANT that you arrive on time to all of your court appearances. Except in very unusual circumstances that you have specifically discussed with your attorney, YOU MUST appear at every court date. If you are late or do not show up the judge will issue a warrant for your arrest. If you are late or do not appear for some reason, you must call your attorney IMMEDIATELY.
It is VERY IMPORTANT not talk to anyone except your attorney about your case. If you talk to someone else about your case, even in the strictest confidence, the prosecutor can call them as a witness against you. If you feel you must talk to someone about your case, consult with your attorney first.
It is VERY IMPORTANT to stay in contact with your attorney. If you are in jail you can expect your attorney to visit you in person. However, you can always call your lawyer from jail. If you wish to write a letter to your lawyer, be sure every page and every envelope is marked with the words "attorney-client privilege" so the guards do not read it. The guards read all the mail you send out so be very careful if you decide to communicate with anyone from jail through the mail. Remember not to talk to anyone about your case unless you have spoken to your attorney first.
IF you plead Guilty (or No Contest) to an offense or are found guilty by a jury, it is VERY IMPORTANT to comply with all of your requirements for probation. If you do not stay current with probation requirements (for example you can not complete volunteer work by the date required) then you should try to get an earlier court date BEFORE your required date of completion. This will enable you to come to court and talk to the judge and an attorney about getting more time to comply. You can do this by either calling the court or calling the Public Defender's Office at (530) 666-8165.
When a juvenile (anyone under the age of 18 when the crime is committed) is arrested, many different things can happen, including handling the charges informally or having the charges filed in juvenile court and being detained in juvenile hall or with their parent(s) or guardian(s).
When a juvenile is first arrested, the police may decide to handle the charges informally. The police department may have the juvenile, and their parent(s), sign a contract where the juvenile promises to do community service, attend classes, etc., in exchange for not filing charges.
The police may decide to refer the case to the juvenile probation department. The juvenile, and his parent(s), then meet with a probation officer who can handle the case informally, or refer the case to the district attorney's office (prosecutor) for the filing of a petition. The petition lists the charges and is called a complaint in adult court.
The police can also take a juvenile to juvenile hall. If the juvenile is kept in custody (detained), the district attorney's office has 48 hours to file a petition. If the juvenile is not detained, the charges can be filed at a later date and the juvenile is notified by mail.
The first court appearance is called an arraignment. If the juvenile is in custody, the arraignment is called a detention hearing. Typically, at this hearing the court appoints the public defender and sets a readiness conference date. If the juvenile is detained, the court decides if he or she should stay in juvenile hall, or be released to his or her parents pursuant to a contractual agreement, or with no restrictions.
When the public defender is appointed, the district attorney's gives the discovery to our office. Discovery includes police and laboratory reports, photographs, video-tapes, audio-tapes and other evidence. An attorney is then assigned to the case and begins reading the discovery, meeting the juvenile and preparing the case.
The readiness conference is where the juvenile, with his or her attorney, decides whether to accept the prosecutor's offer, or set the case for another hearing. If the juvenile accepts the offer he or she can change the plea and admit the charge(s). The judge will ask a number of questions so he or she can decide if the attorney has explained everything to the juvenile. The judge then accepts the plea, and enters a true finding (conviction), and the case is set for a disposition hearing.
A juvenile can reject the prosecutor's offer and set the case for a motion or jurisdictional hearing. A motion is where the juvenile, through his attorney, asks the court, in a written document, to do something regarding the case. For example, the motion can request informal probation, suppression of the evidence, or dismissal of charges.
An jurisdictional hearing is a trial where the district attorney's office must prove the charges beyond a reasonable doubt. A juvenile has a right to a trial within 15 court days (holidays and weekends don't count) of their detention hearing if they are in custody. An out of custody juvenile has a right to a trial within 30 court days of the date their petition was filed.
A trial is where the prosecutor must bring the witnesses to court, have them take an oath to tell the truth and answer questions (testify.) At the trial the juvenile has an attorney who can cross-examine (ask questions) the prosecutor's witnesses. The attorney can subpoena witnesses, or evidence, to court, for the juvenile. At the trial, the juvenile decides whether he or she wants to testify or remain silent. If the judge finds reasonable doubt, the charges are dismissed. If not, the judge makes a true finding and the case proceeds to disposition.
Disposition is where the judge decides what the sentence will be after reading the social study and hearing from the attorneys, parents and juvenile. A juvenile can be sent home, placed in Juvenile Hall, sent to probation camps, put in residential treatment, or committed to the California Youth Authority. Unlike adult court, in juvenile court, the judge and attorneys are not allowed to negotiate the disposition. That means that a juvenile does not know what their disposition will be until they are sentenced.
After disposition, the juvenile is sometimes ordered to return to court for a review hearing. A review hearing is to see how the juvenile is doing with their probation conditions. If the juvenile is doing well, the court can terminate probation or extend it to allow the juvenile to complete their conditions. If a juvenile successfully completes his or her conditions of probation, he or she can petition the court to seal the records.
If the charges against a juvenile are particularly serious, the district attorney's office can file a petition alleging a juvenile should be tried in adult court. The juvenile is then entitled to a fitness hearing where a judge will decide if the juvenile is a person who should stay in juvenile court, or be tried as an adult. If the juvenile is kept in juvenile court, all of the above applies.
If you are charged with a crime, DO NOT TALK TO ANYONE ABOUT YOUR CASE OTHER THAN YOUR ATTORNEY. If you talk to other people about your case, they can be forced to testify against you. Your attorney is the only person who cannot be forced to reveal what you tell them about your case.
To help your attorney, write down the following items in preparation for your interview:
1. Any questions you have.
2. The names, addresses or telephone numbers, of any witnesses. Include their nicknames, or other names they may be called.
3. The names, addresses and telephone numbers of people who can tell the court something favorable about the facts of your case, or about you as a person.
If you are out of custody, please telephone the Public Defender's Office at (530) 666-8165 to make an appointment to discuss the case with an attorney.
If you are in custody your attorney will visit with you at juvenile hall.
Questions or comments?
Last Updated: 02/23/08