CALIFORNIA’S CRIMINAL JUSTICE SYSTEM 101: Part 4
We previously walked through how the criminal justice process in California begins with an arrest (Part 2: Criminal Justice Process). Next the District Attorney will decide whether to prosecute, and if so will file formal charges against the accused, who then becomes the defendant in a court case (Part 3: The Prosecution).
ARRAIGNMENT
The first time that the defendant appears in court is at an arraignment. At this proceeding the judge will tell the defendant what they are being charged with and what their constitutional rights are. Importantly the defendant will be advised of their right to counsel. If the defendant does not have enough money to hire a lawyer, the court will appoint a lawyer free of charge. This is often an attorney from the Public Defender’s Office.
PUBLIC DEFENDER
Like with the DA, there is one Public Defender (“PD”) for each county. Public Defenders are elected in California. In San Francisco, the Public Defender is Manohar Raju. The attorneys who work for him are called Deputy Public Defenders.
OPEN PLEA IN COURT
After the defendant has counsel, the judge will ask them to enter a plea in the case. A defendant can plead guilty, not guilty, or no contest. At this early stage the plea is more a formality than a recognition of guilt or innocence.
COURT DATE
After a plea is entered, the judge then sets the case for a future date for a preliminary hearing.
PRELIMINARY HEARING
A preliminary hearing is a criminal court hearing before a judge to determine whether a crime has been committed and whether there is enough evidence to force the defendant to stand trial. The standard of proof at a preliminary hearing is probable cause. The prosecutor must show that there is probable cause for each element of a crime.
The elements of a crime are clearly spelled out in the California Criminal Code. At a preliminary hearing both the prosecutor and the defense can call witnesses and present evidence, as well as cross examination the other side’s witnesses to test the truthfulness of the evidence. Often the police officer will testify as to what happened. The rules of evidence are much more relaxed at this early stage in the criminal justice process so evidence can be used here that may not be allowed in at trial. Additionally, probable cause is a very low standard of proof as opposed to what is required at trial. Thus, probable cause is often found to exist at the preliminary hearing stage.
PRE-TRIAL DETENTION
Once the judge determines that there is probable cause to move the next step, which is the defendant having to stand trial, the judge must determine if the defendant should be held in custody or released pending trial. Options the judge has include:
1) RELEASED ON OWN RECOGNIZANCE (ROR)
The defendant is released awaiting trial on their promise to return to court for the trial.
2) BAIL
Is money or a lien on property that is posted with the court used to compel the accused to appear at the trial date or risk losing the money. If the defendant cannot produce the bail needed, that defendant remains in custody.
3) HOUSE ARREST (also called HOME CONFINEMENT)
Accused is allowed to go home but cannot leave the home until the trial. Exceptions are made for work, medical care and some other essential activities.
4) REMANDED TO CUSTODY PENDING TRIAL
The defendant is kept in custody (jail) pending trial.
The judge has several factors to consider when deciding which one of these pre-trial options to utilize including:
a) Severity of crime
b) Prior criminal record of the accused
c) Ties to the community
This includes factors such as whether the defendant lives in the community, rents or owns a home, has family nearby, has a job, or has the means to flee the jurisdiction.
PLEA BARGAINING
The time between the pre-trial hearings and trial is often spent by both the prosecutor and the defense attorneys investigating the case and preparing for trial. During this time the two sides often talk about the case to determine if they can work out a deal. Over 95% of the cases that reach this point result in a plea bargain. A plea bargain is when a defendant pleads guilty and gives up their right to trial in exchange for the prosecutor reducing or dismissing some charges, or for the prosecutor to recommend a lighter sentence to the judge. If the evidence against the defendant is weak, the prosecutor and defense might agree to dismiss a case with the caveat that if the defendant gets arrested again, the prosecutor has the right to re-charge the case.
In Part 5 we cover what happens when a criminal case goes to trial.