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Anatomy
of a Prosecution
- Crime Committed
- Crime Reported
- Police Investigate
Investigation may include interviewing victim, witnesses, suspects
... collecting physical evidence ... visiting, viewing, photographing,
measuring crime scene ... identifying suspects through line-ups ...
etc.
- Police Make an Arrest/Request a Warrant
When a crime is committed in a police officer's presence, or that
officer has probable cause to believe that certain misdemeanors
or any felony was committed that he or she did not see happen,
an officer may arrest a suspect on the spot without an arrest
warrant. The officer will later submit a charging/warrant request
to the District Attorney’s Office, suggesting potential charges
to be authorized.
- Warrant/Charging Request Reviewed by
Prosecutor
Most cases begin with a warrant request. This is generally the
first time that a prosecutor is involved in a case, unless he
reviewed a search warrant or visited the crime scene. At this
stage, the prosecutor determines whether a person should be charged
with a crime and, if so, what the crime should be. The prosecutor
thoroughly reviews all reports and records concerning the case,
including witness statements. The prosecutor also reviews the
suspect's prior criminal or traffic record. Occasionally, the
reviewing prosecutor sends the case back to the police to conduct
additional investigation.
- Warrant Issued
The prosecutor can file a charge if he reasonably believes that
probable cause exists that the suspect committed the offense,
and he or she reasonably believes the charge can be proven beyond
a reasonable doubt at trial with the information known at that
time.
- Suspect Arrested (if not already in
custody)
The delay between the crime date and the defendant's arrest
on an authorized charge can take any length of time (e.g., if
the defendant's whereabouts are unknown, or if he/she has left
the State of California).
- Arraignment
This is the first court appearance for any misdemeanor or felony.
Once arrested and charged with a felony, the suspect appears in Court
for arraignment. At arraignment, the defendant is told what crime
he or she is charged with, and is advised of his constitutional rights
to a jury or court trial, appointed attorney, presumption of innocence,
etc. The charging document is called a Complaint. The conditions and
amount of bail are determined. In some cases, generally based on the
nature of the charge, the Judge imposes conditions on bail, such as
"no contact" with the victim. Bail is set in almost every
case, but it is up to the defendant's own resources to post the bail
money, which allows him to be released. All further pre-trial procedures
are determined by whether the defendant is charged with a felony or
misdemeanor:
- Misdemeanor
At a misdemeanor arraignment, the defendant will be given a chance
to enter a plea to the charge: plead guilty, plead not guilty,
or stand mute (i.e., remain silent, which is treated by the court
as if the defendant pled not guilty). If he or she pleads guilty
or no contest, the judge may sentence him or her on the spot,
or may reschedule the case for a sentencing date, which will give
the probation department time to prepare a pre-sentence report
including background information about the defendant and the crime,
make a sentencing recommendation, etc. If the defendant stands
mute or pleads not guilty, the case will be scheduled for a pre-trial
conference.
- Pretrial Proceedings
Many events can occur prior to trial. There are case discussions
involving the judge, prosecutor and defense attorney. The
focus is on possibly resolving the case short of trial. Depending
on the nature of the case, there may be pre-trial hearings
on Constitutional issues (confessions, searches, identification,
etc.). The issues are presented to the Court through written
"motions" (e.g., Motion to Suppress Evidence, etc.).
The judge must determine whether evidence will be admitted
or suppressed at the defendant's trial, whether there is some
legal reason why the defendant should not be tried, or decide
other ground rules for trial.
- Felony
At a felony arraignment, the defendant enters a plea to the charge
(guilty , not guilty, stand mute). He or she is advised of his
right to a preliminary examination within 14 days of the arraignment.
If the defendant requests a court-appointed attorney, the court
will review that request at the time of the arraignment.
- Preliminary Hearing
This is a contested hearing before a Judge, sometimes called
a "probable cause hearing". The prosecutor presents
witnesses to convince the Judge that there is probable cause
to believe that a crime was committed and that the defendant
committed the crime. Because the burden of proof is much less
than at a trial, the prosecutor generally does not call all
potential witnesses to testify at the "prelim";
generally, the victim and some eye witnesses plus some of
the police witnesses may testify. The defendant has an attorney,
can cross examine the witnesses, and can present his own evidence
(including witnesses). If probable cause is established, the
defendant is "bound over" for trial. If the Judge
decides that there is not probable cause that the defendant
committed the crime, the charge can be dismissed or reduced
to a misdemeanor for trial in Court. A defendant can decide
not to have a Preliminary Examination.
- Arraignment
After the case is "bound over"for a felony trial,
the defendant is again arraigned (given formal notice of the
charges against him or her). The charging document is called
an Information. He or she is again advised of his or her constitutional
rights, and enters a plea to the charge (guilty, not guilty
or stand mute).
- Pretrial Proceedings
As with misdemeanors, the Judge is called upon to resolve
various pre-trial issues, some of which determine whether
the case will continue to a trial, be resolved with a plea,
or be dismissed.
- Trial (Judge or Jury)
A trial is an adversary proceeding in which the prosecutor must present
evidence to prove the defendant's guilt beyond a reasonable doubt.
The prosecutor calls all the witnesses necessary to prove the crime.
The defendant is not required to prove his or her innocence or to
present any evidence, but may challenge the accuracy of the prosecutor's
evidence. Both the defendant and the prosecutor (representing the
People of the State of California) have the right to a trial by a
jury. Sometimes, both sides agree to let a Judge listen to the evidence
and decide the case without a jury; this is called a "court trial".
In a jury trial, the jury is the "trier of fact"; in a court
trial, the judge is. After the evidence is presented, the judge or
a jury will determine whether the evidence proved that the defendant
committed the crime.
- Pre-Sentence Investigation and Report
The probation department prepares a report for the judge summarizing
the crime, and the defendant's personal and criminal backgrounds.
Generally, the victim is contacted for a recommendation of sentence.
The probation officer concludes the report with a recommended
sentence.
- Sentencing
Sentencing in California varies with the crime and can be the most
confusing part of the criminal process. Most often, sentences are
at the judge's discretion. At the time of sentencing, the judge will
consider the information in the pre-sentence report before determining
the sentence. The parties may correct factual errors in the pre-sentence
report and offer additional evidence relevant to the judge's sentencing
decision. The judge will consult the "sentencing guidelines"
in the California Rules of Court (Established as a reference for framing
an appropriate sentence throughout the state, considering factors
of the crime and the defendant's criminal background) to determine
the minimum jail/prison sentence. The judge may consider different
alternatives, such as a fine, probation, community service, a sentence
to jail or prison, or a combination. The judge must also order the
defendant to make restitution to any victims who have suffered financial
harm.
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