What You Need to Know About California Criminal Procedure
If you are dealing with an arrest in California, you may wonder what to do next. Here’s everything you need to know about the California criminal procedure.
Criminal proceedings entail everything from arrest to sentencing and appeal. Federal law entitles you to certain rights during criminal procedures, including the right to counsel, the right against self-incrimination, and the right to an impartial jury. Depending on your violation of law, you may face varying forms of criminal proceedings in California.
Criminal Procedure for Infractions
Infractions are minor violations, infringements, or breaches of statutes, contracts, or obligations. Traffic violations are the most common form of infractions.
Examples of infractions include:
- Parking overtime
- Speeding
- Illegal U-turns
- Running red lights
- Tailgating
In California, infractions are not crimes, resulting in straightforward criminal proceedings. Infractions do not entail imprisonment or probation. Therefore, you are subject to a bench trial, or a non-jury trial, instead of a jury trial.
You may hire representation, but the state will not appoint a public defender for infraction trials. A defendant can fight or contest an infraction with legal counsel.
Consequences of an infraction include:
- Fines up to $250
- One or more points on the offender’s driving record
Criminal Procedure for Misdemeanors
Misdemeanors are crimes punishable by less than 12 months in county jail.
Examples of misdemeanors include:
- DUIs, or driving under the influence
- Drug possession
- Public intoxication
Misdemeanors involve a more straightforward criminal procedure, including:
- Investigation and arrest
- Arraignment
- Pre-trial process
- Trial
After arrest or investigation, you should invoke your Fifth Amendment right against self-incrimination and hire a defense attorney. An experienced attorney can even prove insufficient evidence exists for arrest. Suspects are either held in custody or released. California bail bonds are money posted by the court to ensure the defendant appears in court. The district attorney’s office determines whether or not to press charges.
Related: Criminal Defense FAQs in California
If the D.A. presses charges, the court schedules an arraignment or a defendant’s first formal court appearance. During the arraignment, the defendant has the opportunity to enter a plea.
The three most common pleas are:
- Not guilty
- Guilty
- No contest
The period between arraignment and trial is the pre-trial process, which includes:
- Court appearances
- Discovery, or the exchange of relevant evidence
- Motion practice, or asking the court to make a ruling about a specific aspect of the case
- Plea bargains or negotiations
Finally, the bench trial occurs if cases do not conclude during the pre-trial process. Prosecutors must prove the defendant’s guilt beyond a reasonable doubt to secure a guilty verdict.
Criminal Procedure for Felonies
Felonies are crimes punishable by more than one year in custody and up to $10,000 fines. Offenders of severe penalties may face life in prison without parole.
Examples of felonies include:
- Murder
- Rape
- Vehicular manslaughter
- Sale of controlled substances
The criminal procedure for felonies follows a similar protocol to misdemeanors. However, defendants are more likely to remain in custody following arrest. Felony proceedings also include two arraignments and a preliminary hearing.
The felony criminal process includes:
- Investigation and arrest
- Arraignment
- Preliminary hearings
- Second arraignment
- Pre-trial process
- Trial
During the preliminary hearing, the judge affirms:
- Probable cause for a crime exists
- Probable cause the defendant committed the crime exists
Related: How to Find a Good Criminal Defense Lawyer in California
Criminal Procedure for Guilty Pleas or Verdicts
If an offender pleads guilty to a misdemeanor or a felony, the offender can take steps to change or mitigate the verdict.
California’s criminal proceedings allow defendants to:
- File a motion for a new trial
- Show up at a sentencing hearing
- Arrange an appeal
Defendants should file for a new trial if a guilty verdict had unfair circumstances, such as:
- Prosecutorial misconduct
- Jury misconduct
- Error of law
- Insufficient evidence
The above reasons are also common points of appeal. In addition, ineffective assistance of counsel can also be grounds for appeal. Instead of a new trial, an appellate judge checks the decision for mistakes, affirming or overturning the verdict.
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If you or a loved one would like to learn more about California Criminal Procedure, get your free consultation with one of our Criminal Defense Attorneys in California today!