Felony

Felony Cases

Examples of charges

• Murder (see Penal Codes)
• Possession of dangerous drugs for sale (see Health and Safety Codes)
• Robbery (see Penal Codes)
• Rape (see Penal Codes)

Types of sentences imposed

• Probation
• Local custody
• State prison
• Death

Felony processing generally includes:

• An arrest is made
• The defendant is taken to jail where either:
  • No charges are filed and defendant is released
    For further information, contact the prosecuting agency:
    • District Attorney 
    • San Diego City Attorney
  • Defendant posts bail and is released with a future date to appear in court
  • Defendant is released on his or her own recognizance with date for future hearing
  • Defendant remains in custody until court hearing (arraignment)

Arraignment - the defendant is

• Informed of the charges
• Advised of his or her constitutional rights
• Appointed an attorney, if he or she cannot afford one
• A plea is entered by the defendant:
  • Not Guilty - he or she did not commit the crime
  • Guilty - admits that he or she committed the crime
  • No Contest (Nolo Contendere) - the charge is not contested.  Same effect as guilty plea
• At the court hearing:
  • Bail is set and the defendant is remanded to custody
  • Defendant is released on his or her own recognizance

Preliminary Hearing

• Prosecuting agency files an information document
• Judge determines if there is sufficient evidence to hold the defendant for trial
• Defendant is arraigned on the information and enters a plea and proceeds to trial

Readinesss Conference

• Discovery is exchanged between the prosecutor and defense attorney
• Pretrial motions may be filed such as a motion to
  • Set aside complaint
  • Dismiss the case
  • Suppress evidence
• Defendant's plea may be changed to
  • Guilty
  • No contest

Trial

Jury Trial

• A jury is selected
• Opening statements are presented
• Witnesses may testify
• Evidence is presented
• Closing statements are presented
• Jury deliberates and delivers verdict to the court

Court Trial

• Judge hears evidence and arguments

If the defendant is found guilty:

• The case may be continued for sentencing; or
• The defendant is sentenced immediately

If the defendant is found not guilty:

• The defendant is released

Appeal of conviction

• The defendant may appeal a conviction to the Court of Appeal of the State of California