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Stages of Criminal Proceedings

Posted by Christopher Martens | Jul 31, 2024 | 0 Comments

Stages of Criminal Proceedings in Bakersfield, California: An In-Depth Guide

Navigating the criminal court process can be overwhelming, but understanding each stage can significantly improve your chances of a favorable outcome. In Bakersfield, California, the legal proceedings follow specific phases, each with its own critical steps. Here's a detailed breakdown to help you grasp what to expect and how to prepare.

Arraignment

The first formal court appearance after an arrest in California is the arraignment. During this hearing, you will enter a plea: guilty, not guilty, or nolo contendere (no contest). A no contest plea means you do not contest the charges, resulting in a criminal conviction without an admission of guilt. Before accepting a no contest plea, the judge must ensure you understand its implications and are entering the plea voluntarily.

Key Points:

  • Guilty Plea: Leads directly to sentencing.
  • Not Guilty Plea: The judge addresses bail, leading to further pretrial proceedings.
  • No Contest Plea: Similar to a guilty plea, especially in felony cases, with some benefits in misdemeanor cases.

California Bail and Bail Bonds

Bail is the money posted to ensure your court appearances. It is typically set according to a local county bail schedule but can be adjusted during a bail hearing. Factors influencing bail include:

  • Criminal history
  • Seriousness of the offense
  • Public safety
  • Likelihood of returning to court
  • Community ties

In some cases, you may be released on your own recognizance (O.R.), especially if you are not charged with a capital offense and your release does not compromise public safety or court appearance assurance.

Pretrial Process in California

The pretrial process includes several critical steps and is where most cases are resolved. This phase encompasses:

  • Court appearances
  • Motions
  • Discovery
  • Plea bargains or negotiations
  • Preliminary hearing (in felony cases)

The preliminary hearing, also known as a probable cause hearing, determines if there is enough evidence to proceed with the trial.

Jury Trials

If your case is not resolved during the pretrial phase, it will proceed to a jury trial. In California, you are entitled to a jury trial for felony charges unless waived in favor of a bench trial. A jury trial involves:

  1. Jury selection
  2. Opening statements
  3. Presentation of evidence
  4. Closing arguments
  5. Jury deliberation
  6. Verdict
  7. Sentencing (if necessary)

Proceedings Following a Guilty Plea or Verdict

Post-verdict, you may be entitled to a new trial due to factors like:

  • Jury misconduct
  • Prosecutorial misconduct
  • Errors of law by the court
  • Insufficient evidence
  • New evidence

A motion for a new trial can be filed under these circumstances.

Sentencing Hearings

During a sentencing hearing, both sides present arguments for an appropriate sentence. A skilled attorney is crucial here to argue for mitigating circumstances and aim for a lenient sentence.

Appeals

After sentencing, you have the right to appeal. In an appeal, your attorney argues that legal mistakes affected the jury's decision or the sentence imposed. The appellate court reviews the trial court's records and briefs filed by both sides. Some cases are decided based on these briefs, while others include oral arguments. The appellate court's decision is typically final unless the case is sent back for further proceedings or reviewed by the U.S. Supreme Court.

Conclusion

Understanding each stage of the criminal proceedings in Bakersfield, California, is vital for navigating your case effectively. Being informed helps reduce confusion and enhances your ability to collaborate with your attorney for the best possible outcome. For tailored legal assistance, contact our experienced team ats Martens Law Firm at 2020 Eye Street, Bakersfield, CA, or call (661) 336-9335. We specialize in defending clients accused of domestic violence and are committed to securing justice for you.

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.

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