EXPLANATION OF CRIMINAL PROCESS:

PRETRIAL:

The Arrest: This can occur at the crime scene or someplace else via an arrest warrant. In state prosecutions, the arrest generally comes before the filing of the complaint. In federal prosecutions, it typically comes after a grand jury indictment is filed. All arrests must be based on probable cause (“reasonable grounds to believe that the defendant has committed a crime”).

Evaluation of the case by the prosecuting agency: After arrest, the prosecuting agency will review police reports and, if necessary, obtain further evidence (witness statements, test physical evidence) to determine what crimes have been committed, if any. If there is insufficient evidence, the charges may be downgraded or dropped altogether.

Charging Document: In state court, the prosecution starts with the filing of a complaint. The defendant is then entitled to a preliminary hearing, at which time the prosecution must prove there is sufficient cause to hold the defendant over. If the court finds the prosecution has done this, an information is filed. In federal prosecutions, criminal prosecutions are normally started with the filing of the complaint and information, and then by a grand jury indictment. A grand jury is a secret panel of 23 people to whom an Assistant United States Attorney and a federal agent present evidence of a federal crime. Neither the defendant nor his attorney are allowed to be present. However, federal grand juries can compel witnesses to testify and submit documents to them. An indictment is issued if the grand jury finds probable cause of a crime.

The Bail Hearing: This can either be part of the initial hearing or a separate one. The court determines whether the defendant has to post bail or can be released on his or her own recognizance.

The Arraignment: Once a complaint, indictment or information has been filed with the trial court, the defendant is arraigned. This is where the defendant is formally notified of the charges in open court and where the defendant pleads guilty or not guilty. (Defendants almost always plead not guilty during arraignment, even if they later plan to plead guilty after a deal has been offered.) A defendant in California is entitled to be arraigned within 2 court days of his arrest. An in-custody defendant is entitled to a preliminary hearing within 10 days of his initial arraignment. And he is entitled to a trial within 30 to 60 days of his Superior Court arraignment (after prelim) – depending on whether he is charged with a misdemeanor or felony and whether he is in custody. Of course, defendants can waive their rights to these time deadlines, which they will usually do to have more time to prepare their case.

Plea Negotiations: In many cases, the prosecutor and a defendant’s lawyer will negotiate a plea, also known as plea bargaining. Usually, the prosecutor offers to drop certain charges or agree to a reduced sentence in exchange for a guilty plea.

Pre-trial Motions: Prior to trial, defense attorneys can make a variety of motions. The most common are motions to dismiss for lack of evidence that a crime has been committed and motions to suppress illegally obtained evidence (i.e., evidence obtained without a warrant or from an illegal search).

TRIAL:

If a plea agreement is not reached, the proceedings move toward the trial stage. Defendants have a constitutional right to a jury trial, but may choose to waive it in favor of a trial by a judge (bench trial). A jury is a sworn body of 12 persons who can issue a verdict of guilt or acquittal by a unanimous verdict. If the jury cannot reach a unanimous verdict, a mistrial results. The prosecution can decide whether to refile charges and try again. When the jury reaches a verdict, their finding is read to the defendant in open court. In state prosecutions, the judge is a county superior court judge. In federal prosecutions, it is a district court judge.

SENTENCING:

Presentence Investigation and Reports: Once the defendant is convicted, the court usually asks for reports on the defendant’s family, medical and criminal background. In state prosecutions, this is provided by the probation department, who identifies mitigating and aggravating factors, and gives a recommended sentence. The judge considers all this evidence to determine if the defendant should get the middle term sentence (this is the default sentence unless mitigating or aggravating factors are found), or the low or high term.

Sentencing:

Unless the defendant has plea bargained for a sentence, he will normally be sentenced to the term of imprisonment specified in the Penal Code. In some jurisdictions the sentence is decided by the jury, particularly for capital offenses. In California death penalty cases, the jury first determines whether defendant is guilty and if the charged “special circumstance” (which makes him eligible for the death penalty) has been proven. In a separate penalty phases, it then decides whether to give him life without the possibility of parole or death.

APPEALS/WRITS

Appeals: In California cases, every defendant convicted of a felony is entitled to appeal his sentence with court-appointed counsel (if he can’t afford his own). The appeal starts with the filing of a Notice of Appeal. The primary court which rules on appeals is the state district courts. The defendant can then seek review from the California Supreme Court. In capital cases, every defendant gets an automatic appeal to the California Supreme Court. When a defendant appeals, he is arguing that some error or misconduct prevented him from having a fair or reliable trial or sentence. The defendant may only raise issues that are reflected within the four corners of the appellate record. So if the court didn’t know about it or if it is not reflected in the record, it can’t be raised.

Writs: Once his state appeal has been denied, the defendant may file a writ of habeas corpus with the federal court. A writ of habeas corpus differs from a state appeal because the defendant may raise issues that go outside of the trial record. In other words, he can claim that error occurred outside of the trial proceedings, that new evidence has been discovered, or that his federal rights were otherwise violated. If the federal court determines the defendant may be able produce evidence to prove his claims, it may grant an evidentiary hearing. A defendant is not entitled to court-appointed counsel in federal habeas corpus proceedings. In my story, the federal court granted Jackson’s motion for evidentiary hearing.

CORRECTIONS

This is when the defendant serves his time. This can be done either in a city or county jail or a state prison, depending on the length of time imposed in the sentencing hearing. Obviously for federal crimes there are federal prisons.