What Happens in a Felony Case
The processing of a felony begins as follows:
Arrest
- Police take defendant to jail. If defendant remains in custody, defendant taken to Court for arraignment
- If no charges are filed, the defendant is released
- If the defendant posts bail or released on his/her “own recognizance, O.R.”, which means the defendant is bound by a promise to appear, an arraignment date is scheduled.
Arraignment
- Defendant is brought to court or appears if out of custody
- Defendant is represented by a retained attorney or an attorney is appointed if indigent
- Defendant is advised of his/her constitutional rights
- Bail is set or,
- Defendant is released on his/her “own recognizance”
Preliminary Hearing
- Witnesses testify
- If the judicial officer finds insufficient evidence, the defendant is released
- If the judicial officer finds sufficient evidence, the defendant is held to answer in the criminal trial department
Pre-trial Proceedings
- All dates are scheduled
- Pre-trial motions held
- Settlement Conference held
- If plea of guilty or no contest entered, sentencing occurs
- If not guilty plea remains, trial date remains
Jury Trial
- Jury is selected
- Witnesses testify
- Jury decides if the defendant is guilty or not guilty
- If not guilty, the defendant is released and cannot be tried again for the same crime.
- If guilty: Sentenced to Prison/Jail/Probation/other conditions
- Appeal – The defendant can appeal to the Third District Court of Appeal in Sacramento
Court Trial
- Witnesses testify
- Judge decides whether the defendant is guilty or not guilty
- If not guilty, the defendant is released and cannot be tried again for the same crime.
- If guilty: Sentenced to Prison/Jail/Probation/other conditions
- Appeal – The defendant can appeal to the Third District Court of Appeal in Sacramento