Criminal Procedure | Court Room Process | Defendant's Rights

Court Room Process

The following is an outline of the procedure that is followed in a California Criminal Courtroom. Some Courtrooms, depending on the County or on the Judge, can vary slightly from the normal procedure. Federal Courts have a different procedure, and can be explained during a consultation with an attorney at the Lombardo Law Office. This outline is an overview and is not intended to guarantee how every case will proceed.

Misdemeanor (Municipal Court Only) Arraignment Charges Are Read Plea Of Not Guilty Is Entered Identity Of Defendant Is Determined Bail Is Set Pre-Trial Conference(s) Plea Negotiations Evidence Can Be Exchanged Identification Of Witnesses And Issues Trial (Judge Or Jury) Pre-Trial Motions Jury Is Selected Trial Post-Trial Motions Motion For Acquittal Motion For New Trial Sentencing Judge Imposes Sentence After Defendant Has Been Convicted Appeal The Defense Asks A Higher Court To Reverse The Trial Court's Decision Based On One Or More Factors

Felony (Municipal Court) Arraignment Charges Are Read Plea Of Not Guilty Is Entered Identity Of Defendant Is Determined Bail Is Set Confirm Attorney Pre-Preliminary Hearing Plea Bargain Offered By Prosecutor Identification Of Witnesses And Issues Identification Of Strengths And Weaknesses In Case Discovery Requests Preliminary Hearing Probable Cause That Crime Was Committed And Defendant Committed It No Jury No Affirmative Defense

Upper Court (Superior Court) Arraignment Bail Is Set, Revised Or Confirmed Charges Are Read Information Provided To Attorney Confirm Attorney Of Record Pre-Trial Conference Motions By Defense Attorney Plea Negotiations Identification Of Issues To Be Tried Identification Of Witnesses Who Will Testify Chambers Conference Trial Pre-Trial Motions Jury Selection Trial Post-Trial Motions: Motion For Acquittal Motion For New Trial Sentencing Judge Imposes Sentence After Conviction Appeal The Defense Asks The Appeals Court To Reverse The Trial's Court's Decision