How Does the Criminal Process Work in California?

When I was younger I loved law shows on TV, in particular ones that had to do with crimes, such as the Law & Order franchise. I used to watch them passionately studying the tactics, the procedures and dialogue the lawyers in the shows used. However, after I became a criminal defense attorney I soon learned that real life is very different from television. Now I can’t watch any law show without yelling at the TV calling out all the mistakes.

One thing in particular that stands out to me in TV shows is how the criminal process is portrayed. I understand the shows are made solely for entertainment and not for educational purposes but I think the public should know the criminal process. So I am taking it upon myself to very briefly explain the process.

In California the criminal process begins with the arrest. For the arrest to be constitutional, the arresting agency must have probable cause to believe that a crime was committed and that the person being arrested committed the crime. Contrary to popular belief you do not have to answer any of the police’s questions and no, they are not there to “help you” to explain your side of the story. After the arrest, the prosecuting agency, such as the District Attorney, will review the police reports and decide whether or not to file charges.

Next comes the arraignment, which is the defendant’s first appearance in court. The judge will inform the defendant of his/her constitutional rights and the charges filed. The defendant will then enter a plea of guilty, no contest, or not guilty. None of this is done without a lawyer unless the defendant wants to represent himself/herself.

If the defendant is being charged with a felony a preliminary hearing is scheduled, there is no preliminary hearing in misdemeanor cases. This hearing is like a “mini-trial” where the prosecutor presents witnesses & evidence to try to prove that the defendant committed the crime(s). No jury is present at such a hearing. If the defendant is held to answer he will be arraigned a second time. If no plea deal is reached and the defendant pleads “not guilty,” the case proceeds to trial.

At the trial, the prosecution has the burden to prove that the defendant is guilty of committing the crime(s) beyond a reasonable doubt. Based upon the evidence presented, a jury or a judge determines whether the defendant is guilty or not. If found guilty the judge will schedule a sentencing hearing.

A majority of the people that I come across have no idea how the process works. The ones that think they do are usually wrong because their knowledge was obtained from TV, which is one of the reasons I can’t watch law shows without yelling at the TV. For a more detailed explanation please visit our page: https://www.hashemilaw.com/practice-areas/criminal-law/how-does-the-criminal-process-work/