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How cases move through the criminal justice system can be confusing for victims of crime, defendants and also the general public. Below is a step-by-step overview of how a case typically progresses through the justice system. Our Victim Services Division provides support to victims of crime and their families throughout the criminal justice process. Victim Advocates work hard to ensure victims’ rights are upheld and that their voices are heard. The goal is to help victims feel empowered and supported as they navigate the legal system and regain their sense of safety.
After a crime has been committed and has been reported to law enforcement, officers will first respond to the scene. If there is probable cause that a crime has been committed by a suspect directly at the scene, the police may arrest the suspect for a felony offense.
If the conduct is a misdemeanor the police must have seen the crime committed before citing or arresting the individual, if the police do not witness the crime, then a witness who observed the crime must agree to sign a citizen’s arrest. If the suspect is not located at the scene, more investigation might take place. The police have different options to take an individual into custody after an investigation. The police can proceed with a “Ramey” Warrant arrest (issued on a probable cause standard) or request a District Attorney Warrant arrest (issued only when the beyond a reasonable doubt standard is met).
After an investigation is complete, and the police send their report or request for an arrest warrant to the District Attorney’s Office the District Attorney’s Office’s Assistant District Attorney (ADA) reviews the report to decide if there is enough evidence to charge the suspect. The District Attorney’s Office can only ethically file a case or issue a District Attorney Arrest Warrant if there is sufficient admissible evidence to prove the charges beyond a reasonable doubt at trial.
Once the ADA determines there is enough evidence to charge the defendant with a crime based on the evidence and the law, a “Complaint” is filed. The defendant appears before a judge, this first appearance is called an arraignment. At the arraignment the defendant is informed of the charges against them and given a copy of the filed “Complaint”, then the defendant enters a plea. The typical plea at arraignment is “not guilty”.
During the arraignment the judge will consider the issue of detention or release. The judge, depending on the facts and circumstances of a case, can detain a person without bail pre-trial, set a monetary bail amount or release the defendant on their own recognizance sometimes with conditions such as electronic monitoring. At the arraignment, the judge may issue additional orders, such as protective orders in cases involving violence or threats or orders to stay away from certain locations. The judge schedules future court dates for a pretrial or pre-hearing conference or can directly set misdemeanor cases for trial or felony cases for preliminary hearing.
Below are overviews of how misdemeanor and felony cases proceed through the criminal justice system.
1. Arraignment on Complaint: See the description above
2. Pretrial conference: This is a meeting involving the judge, prosecutor, and defense attorney to discuss if the matter can be settled before a trial. If it is decided that it cannot be settled, the case will go to trial.
3. Trial: The prosecutor and defense attorney begin by delivering their opening statements, followed by the presentation of evidence and witnesses. They will also cross-examine each other’s witnesses and conclude with closing statements. In the trial, either a jury or a judge (in a bench trial) will consider the evidence. To determine the defendant’s guilt in a jury trial, all 12 jurors must unanimously agree on the verdict. After deliberations are complete, the outcome will be announced by either the jury or the judge.
4. Sentencing: A sentencing hearing occurs after the jury decides a verdict. In misdemeanors, the sentencing often occurs at the hearing where the defendant pled guilty or immediately after a verdict is given. At the sentencing, the judge sets a sentence for the crime(s) committed by the defendant.
1. Arraignment on Complaint: See description above
2. Preliminary Hearing For felony cases, a preliminary hearing is held to determine if there is enough evidence to proceed to trial. The prosecutor presents evidence and witnesses to establish probable cause. The defense can cross examine witnesses and present evidence. If the judge finds sufficient evidence, and the case is “held to answer”, the case moves forward.
3. Arraignment on Information: after a preliminary hearing an “Information” is filed with the charges established at the Preliminary Hearing. The defendant is again informed of the charges pending against them.
4. Pretrial conference: Before the trial, both the defense and prosecution can file pretrial motions. These might include motions to suppress evidence, dismiss charges, or request a change of venue. The judge hears these motions and makes rulings that will shape the trial.
5. Trial: The prosecutor and defense attorney begin by delivering their opening statements, followed by the presentation of evidence and witnesses. They will also cross-examine each other’s witnesses and conclude with closing statements. In the trial, either a jury or a judge (in a bench trial) will consider the evidence. To determine the defendant’s guilt in a jury trial, all 12 jurors must unanimously agree on the verdict. After deliberations are complete, the outcome will be announced by either the jury or the judge. (Possible verdicts: guilty, not guilty, hung jury)
6. Sentencing: A sentencing hearing occurs after the jury decides a verdict. In felony cases, the sentencing often occurs at a separate hearing after the defendant was found guilty. At the sentencing, the judge sets a sentence for the crime(s) committed by the defendant.
The defendant has the right to appeal the conviction or sentence if they believe there was a legal error during the trial. The appellate court reviews the case for any procedural or legal mistakes. If the appeal is successful, the conviction may be overturned, or a new trial may be ordered.
Our Victim Services Division provides support to victims of crime and their families throughout the criminal justice process. Victim Advocates work hard to ensure victims’ rights are upheld and that their voices are heard. The goal is to help victims feel empowered and supported as they navigate the legal system and regain their sense of safety. Click here for more Victim Service Info
Key Rights as a Victim and Witness
– Preventing confidential information release (a victim/witness can request to be named as a confidential victim in police reports)
– Refusing defense interviews
– Being present and heard at arraignment or sentencing
– To have the judge consider the public’s safety when setting bail
– Receiving notification of proceedings
– Having a support person when testifying
– Receiving restitution if ordered
– Being notified upon defendant’s release
Arraignment: Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the criminal charges against them. In response to arraignment, the accused is expected to enter a plea
Complaint: This is the beginning of a case and lists the crimes and when the defendant is accused of committing them. The prosecutor reviews a police report before filing a complaint.
Criminal charges: A formal accusation made by a governmental authority that someone has committed a crime
District Attorney Warrant: The DA and law enforcement must present a case for probable cause, and the judge will decide if there is enough evidence to issue the warrant.
Felony: criminal offense punishable by more than one year in a county jail or state prison
Guilty: Defendant is convicted
Hung Jury: No unanimous verdict; may result in a mistrial
Information: a formal criminal charge that initiates the criminal proceedings in courts
Not Guilty: Defendant is acquitted
Misdemeanor: criminal offense punishable by no more than one year in county jail and a fine of not more than $1,000
Plea: the defendant’s formal response stating whether or not they admit or deny the charges.
Preliminary Hearing: in felony cases, this hearing determines if there is sufficient probable cause for the case to proceed to trial based on the prosecution’s presented evidence
Pretrial Conference: a meeting among the judge, prosecutor, and defense to discuss potential plea negotiations and resolving the case before the trial
Probable Cause: sufficient facts or evidence that would lead to a reasonable person to believe the accuse likely committed the alleged crime
“Ramey” Warrant: an arrest warrant issued by a California judge or magistrate when police believe they have enough evidence (probable cause) to arrest a suspect for a crime, but the prosecutor has not yet filed formal charges.
Sentencing: if found guilty, this hearing determines the defendant’s formal legal consequences imposed by the judge, such as fines, probation, and incarceration
Subpoena: a court order compelling an individual to appear and provide testimony on a specified date and location
Trial: the main court proceeding where evidence and arguments are presented before a judge or jury to determine the defendant’s guilt or innocence of the charges