http://www.djylaw.com/the-court-process.html
THE COURT PROCESS
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The prosecuting agency is responsible for filing the formal charges against an accused. They must file the charges within the statutory time period and that time period varies depending on the crime. Once the charges are filed the defendant is then arraigned. The arraignment is the stage where the defendant pleads guilty or not guilty.
If the case is a felony and the person pleads not guilty, the case is either set for a preliminary hearing or early disposition conference. An early disposition conference is a procedure where the District Attorney and the defense attempt to reach a disposition. If they cannot, then the defense is entitled to a preliminary hearing. However, the District Attorney can decide to bring the case before the Grand Jury in lieu of the preliminary hearing and the defense is not entitled to be present at the Grand Jury proceeding. A preliminary hearing is where the District Attorney presents evidence before a judge and the defense is entitled to cross-examine the witnesses called by the District Attorney. The defense is also entitled to put on an affirmative defense. The judge then determines if there is enough evidence to hold over the defendant for trial or not. If the judge does hold the defendant to trial, the defendant is arraigned on the information and the defendant must appear and enter either a guilty or not guilt plea. The case is set for a pretrial conference if the defendant enters a not guilty plea. The case will eventually to trial if the case is not resolved. In a jury trial, all 12 jurors must find the defendant guilty beyond a reasonable doubt in order for him to be convicted and all 12 must find him not guilty for an acquittal. If all 12 jurors cannot agree then the judge declares a mistrial and the defendant can be retried.
In a misdemeanor case, there is no preliminary hearing. The defendant is formally arraigned and either enters a guilty or not guilty plea. If he enters a not guilty plea, the trial process is basically the same as in a felony trial.
Felony crimes are those where the sentence may be a state prison sentence. A misdemeanor is a crime where the maximum penalty is one year or less in the county jail. A crime that can be prosecuted or sentenced as a felony or misdemeanor is called a wobbler.
COURTS WE SERVE
Southern California Criminal Defense Attorney Darrell J. York represents clients in all courts in Los Angeles and Ventura Counties. There are approximately 27 courts that handle criminal cases in Los Angeles County excluding juvenile cases. To view all the courts in Los Angeles County, click here.
Ventura County has two courthouses. The main court is located in Ventura at 800 S. Victoria Avenue. The other courthouse is the East County court which is located in Simi Valley. The East County courthouse primarily handles misdemeanor arraignments for arrests occuring in the East end of the county. The case will be transferred to the main courthouse if the case is not disposed of at the arraignment stage. To visit the Ventura County Court website, click here.
