The First Court Date: The Arraignment
People are often confused by what happens in court. Why do I have to go back more than once? Is my lawyer even doing anything? What about my speedy trial? Sometimes, criminal defendants do not even know they have pled guilty until after they have already done so, and then come to see a lawyer! A criminal case is never over on the first court date unless the defendant pleads guilty, or if the DA does not file charges at all.
Important: You can only plead guilty without an attorney present for misdemeanor charges. Read more about the differences between Misdemeanor and Felony court procedure.
When you are arrested, or sometimes given a citation with a court date. You have to take a day off from work, and sometimes ask a good friend or family member to come along for moral support. Then you arrive to court and find out that there is no trial, no accuser or police officer present, sometimes not even a prosecutor, just a judge and a courtroom full of people who were also given the same court date. When your name is called, the judge doesn’t want to hear what happened, but only wants to know if you aregetting an attorneyor if you are pleading guilty.
Slow or Speedy Trial: Bail Hearings, Preliminary Hearings and Pre-Trial Motions
Bail Hearings
The biggest exception to the apparent slow movement of a case through the courts is when the defendant is in custody. Then bail motions must be made right away to get the bail reduced.
Another exception is in cases where it makes sense to force the prosecutor to present his case right away due to tactical decisions apparent to the attorney immediately on learning about the case. In these cases, your attorney needs to quickly get ready for contested bail hearings and the preliminary hearing. Also, your attorney will demand your right to a speedy trial. Then, the matter will take only a few weeks to reach the preliminary hearing stage.
Preliminary Hearings
The preliminary hearing is a mini-trial where the prosecution puts on just a few witnesses and the defense has the chance to cross-examine. After the hearing, the judge decides if there is any evidence to take the case to trial. If the judge so decides, a new arraignment date is set. At that time, the defense attorney may set legal motions to suppress evidence or to call defects in evidence or pleading to the next court’s attention.
Motions
These motions may take months or weeks to prepare, depending on the volume of material and legal issue involved. There may be a felony pretrial conference if it appears you would benefit from a discussion or attempt to settle. After that the matter is on the trial calendar. Again, there are many more trials set than courtrooms available, so the case may be on the calendar for several weeks.
At Last: The Jury Trial
The jury trail has several components to it that we, you and your defense attorney, must prepare for and go through before a final verdict and sentencing is reached. Each part needs careful planning and follow-through to achieve the best outcome. Your attorney will be at your side and work with you through:
- Jury Selection
- Trial
Criminal defense trials can take a week to over a year to conclude depending on the complexity and seriousness of the situation. Misdemeanor cases are generally quick, usually under a week. Felony cases can expect the trial process to take much longer. Learn more about Misdemeanor Cases and Felony Cases on these pages.