Initial Arraignment
The arraignment is the first court hearing in a felony case. An arraignment follows the constitutional principles of speedy trial rights and the ability to hear the charges being held against the defendant. Both in-custody and out-of-custody defendants must be arraigned without undue delay, no more than two calendar days after arrest, excluding Sundays and holidays.
There are two arraignments in a felony case. This first arraignment will call for the defendant to make a plea of “guilty," “not guilty," or “nolo contendere." If the defendant is in custody, the court will determine whether the defendant will be allowed to post bail. If the defendant pleads not guilty, the judge will set a date for a preliminary hearing.
Preliminary Hearing
A preliminary hearing is to determine whether the defendant will be bound over to the higher court. A preliminary hearing must be set within 10 court days after the date the defendant is arraigned or enters a plea, whichever occurs later. This time requirement applies whether or not the defendant is in custody or out of custody. However, the magistrate may deem there is good cause for a continuance, or the time may be waived by both the prosecutor and the defendant, therefore extending the preliminary hearing past the ten-day period. However, hearing must be held within 60 days even if good cause for continuance is shown unless there is a time waiver.
The district attorney must put on enough evidence to establish that there is probable cause to believe that a felony has been committed and that the defendant should be bound over for trial in the higher court. In making this determination, the judge uses the "probable cause" legal standard, deciding whether the government has produced enough evidence to convince a reasonable jury that the defendant committed the crime or crimes charged. In reaching this probable cause decision, the judge listens to arguments by both the district attorney and the defense attorney.
The prosecutor may call witnesses to testify, and can introduce physical evidence in an effort to convince the judge that the case should go to trial. The defense usually cross-examines the government's witnesses and calls into question any other evidence presented against the defendant, seeking to convince the judge that the prosecutor's case is not strong enough, so that the case against the defendant must be dismissed before trial. However, the standards for evidence necessary to show probable cause are very low at this hearing, thus most defendants are bound over for trial.
Before the California court system developed one superior court to handle both misdemeanors and felonies, there used to be a municipal court where the felony would first go for the initial arraignment. There are still two arraignments, despite the fact that there is only one superior court to hear the case.
Second Arraignment
Where the defendant is bound over for felony trial, there is a second arraignment. This allows the defendant to once again make a plea of “guilty," “not guilty," or “nolo contendere." This second arraignment gives the opportunity for the case to settle at this point, after negotiation between the district attorney and the defense attorney. This stage is often the point where the district attorney will offer a “plea bargain" to induce the defendant to plead guilty or nolo contendere.
Pre-Trial Conference
The judge, district attorney, and defense attorney meet for a pre-trial conference in order to settle the case. Pre-trial motions are heard, such as further discovery, suppression motions, motions to dismiss, and other miscellaneous motions dependent on the circumstances of the case. At this time the court will be informed by the parties whether or not there is a settlement or disposition in the case. If this happens, then the case is resolved. Otherwise a date is set for trial.
Trial
A trial may be conducted as a “bench trial" where the judge alone will hear and decide the outcome in the case, or a jury trial, where a person’s guilt or innocence is decided by a jury of 12. It is a constitutional right to be judged by a jury of one’s peers, although the actual ethnic and gender make-up of the panel may not really be the same as the defendant. A jury is made up of people in a certain geographic area relative to the courthouse. The courthouse where the case is heard is in the same geographic area where the crime was committed.
Depending on the complexity of the case, the length of the trial will vary. The basic structure of the trial is as follows:
§ Jury Selection: this process can take several days. Both the prosecutor and defense attorney are given the opportunity to “voir dire" the prospective jurors to determine their fitness for trial. Either side may move to exclude a juror for cause, such as bias, or exclude them based on a limited number of “peremptory" challenges.
§ Opening Statement: Where both the prosecutor and defense attorney are allowed to give their “version" of the case to the jury.
§ Direct Examination: Where both sides are allowed to call witnesses for their case.
§ Cross-Examination: Where the side that didn’t call that witness are allowed to question the witness. The major difference between cross and direct examination is that in cross-examination, the lawyer is allowed to ask “leading" questions.
§ Closing Argument: Where both the prosecutor and the defense attorney are allowed to “sum up" their respective cases, highlighting the evidence that favors their case. The closing argument will often conclude with the lawyer asking the jury to find for their case.
§ Jury Instructions: The judge will advise the jury how to interpret the evidence in the case, based on preset jury instructions, normally prepared “CALJIC" instructions.
§ Jury Deliberations: Where the jury is first allowed to discuss the case among themselves, deciding the facts of the case within the framework of the jury instructions.
Sentencing
Most felonies are punished under a determinate sentencing scheme. Determinate sentencing provides three possible terms of imprisonment: a low, middle, and high term to be served in the state prison. Often it is assumed that the middle term is the appropriate sentence unless the court makes findings on the record that justify the higher or lower term. Making a finding on the record means that it is stated in open court. Where a crime is classified as a felony, but the statute does not provide a specific sentencing range, then the crime can be punishable by imprisonment in the state prison for 16 months, 2 years or 3 years plus any enhancements.
The California Rules of Court (CRC 4.421) lists the following aggravating circumstances which may be used to enhance the sentence:
(a) Facts relating to the crime, whether or not charged or chargeable as enhancements, including the fact that:
(1) The crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness.
(2) The defendant was armed with or used a weapon at the time of the commission of the crime.
(3) The victim was particularly vulnerable.
(4) The defendant induced others to participate in the commission of the crime or occupied a position of leadership or dominance of other participants in its commission.
(5) The defendant induced a minor to commit or assist in the commission of the crime.
(6) The defendant threatened witnesses, unlawfully prevented or dissuaded witnesses from testifying, suborned perjury, or in any other way illegally interfered with the judicial process.
(7) The defendant was convicted of other crimes for which consecutive sentences could have been imposed but for which concurrent sentences are being imposed.
(8) The manner in which the crime was carried out indicates planning, sophistication, or professionalism.
(9) The crime involved an attempted or actual taking or damage of great monetary value.
(10) The crime involved a large quantity of contraband.
(11) The defendant took advantage of a position of trust or confidence to commit the offense.
(b) Facts relating to the defendant, including the fact that:
(1) The defendant has engaged in violent conduct which indicates a serious danger to society.
(2) The defendant's prior convictions as an adult or sustained petitions in juvenile delinquency proceedings are numerous or of increasing seriousness.
(3) The defendant has served a prior prison term.
(4) The defendant was on probation or parole when the crime was committed.
(5) The defendant's prior performance on probation or parole was unsatisfactory.
In addition to these factors that aggravate punishment in a criminal case, criminal defense lawyers must be mindful of the factors that alleviate or mitigate punishment in a criminal case. These factors in mitigation are found in California Rules of Court Rule 4.423, and include:
(a) Facts relating to the crime, including the fact that:
(1) The defendant was a passive participant or played a minor role in the crime.
(2) The victim was an initiator of, willing participant in, or aggressor or provoker of the incident.
(3) The crime was committed because of an unusual circumstance, such as great provocation, which is unlikely to recur.
(4) The defendant participated in the crime under circumstances of coercion or duress, or the criminal conduct was partially excusable for some other reason not amounting to a defense.
(5) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.
(6) The defendant exercised caution to avoid harm to persons or damage to property, or the amounts of money or property taken were deliberately small, or no harm was done or threatened against the victim.
(7) The defendant believed that he or she had a claim or right to the property taken, or for other reasons mistakenly believed that the conduct was legal.
(8) The defendant was motivated by a desire to provide necessities for his or her family or self.
(9) The defendant suffered from repeated or continuous physical, sexual, or psychological abuse inflicted by the victim of the crime and the victim of the crime, who inflicted the abuse, was the defendant's spouse, intimate cohabitant, or parent of the defendant's child and the facts concerning the abuse do not amount to a defense.
(b) Facts relating to the defendant, including the fact that:
(1) The defendant has no prior record, or an insignificant record of criminal conduct, considering the recent nature and frequency of prior crimes.
(2) The defendant was suffering from a mental or physical condition that significantly reduced culpability for the crime.
(3) The defendant voluntarily acknowledged wrongdoing prior to arrest or at an early stage of the criminal process.
(4) The defendant is ineligible for probation and but for that ineligibility would have been granted probation.
(5) The defendant made restitution to the victim.
(6) The defendant's prior performance on probation or parole was satisfactory.
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