Arrest

• Police take defendant to jail. If defendant remains in custody, defendant taken to Court for arraignment
• If no charges are filed, the defendant is released
• If the defendant posts bail or released on his/her "own recognizance, O.R.", which means the defendant is bound by a promise to appear, an arraignment date is scheduled.

Arraignment

• Defendant is brought to court or appears if out of custody
• Defendant is represented by a retained attorney or an attorney is appointed if indigent
• Defendant is advised of his/her constitutional rights
• Bail is set or,
• Defendant is released on his/her "own recognizance"

Preliminary Hearing

• Witnesses testify
• If the judicial officer finds insufficient evidence, the defendant is released
• If the judicial officer finds sufficient evidence, the defendant is held to answer in the criminal trial department

Pre-trial Proceedings

• All dates are scheduled
• Pre-trial motions held
• Settlement Conference held
  • If plea of guilty or no contest entered, sentencing occurs
  • If not guilty plea remains, trial date remains

Jury Trial

• Jury is selected
• Witnesses testify
• Jury decides if the defendant is guilty or not guilty
  • If not guilty, the defendant is released and cannot be tried again for the same crime.
  • If guilty: Sentenced to Prison/Jail/Probation/other conditions
  • Appeal - The defendant can appeal to the Third District Court of Appeal in Sacramento

Court Trial

• Witnesses testify
• Judge decides whether the defendant is guilty or not guilty
  • If not guilty, the defendant is released and cannot be tried again for the same crime.
  • If guilty: Sentenced to Prison/Jail/Probation/other conditions
  • Appeal - The defendant can appeal to the Third District Court of Appeal in Sacramento

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