Rizio and Nelson California Law Blog

At Rizio and Nelson we understand that the court process is a frightening one if you don’t understand it. We will walk you through the entire process to ensure that you don’t have the additional burden of trying to figure it out yourself.

Misdemeanor Court Process Pre-Trial Arraignment

The arraignment is the defendant’s first court hearing after his or her arrest and booking. This court hearing occurs after the initial bail phases of the criminal process have taken place. Arraignment is usually the first opportunity for the defendant to hear the charges pending and provides the defendant with an opportunity to plead to said charges. A prompt arraignment is in conjunction with the Constitutional declaration of the right of a “speedy trial.” The arraignment date will depend on several factors, but the defendant’s custodial status is the most important factor.
The first step of an average arraignment is calling of the person charged with a crime to stand before a criminal court judge. The judge will then follow this basic procedure:

1. The judge will begin by reading the criminal charge or charges against the defendant
2. The judge then asks the defendant if he or she has an attorney or requires the aid of a court-appointed attorney
3. The judge asks the defendant to state a plea to the criminal charges presented. The defendant may plead “guilty,” “not guilty,” or “no contest” to each individual charge
4. The judge decides whether to request bail and what amount to set bail at, or release the defendant on their own recognizance
5. The judge finally announces the date of future proceedings for the case, and dismisses the defendant for that case

Pre-Trial Conference

The purpose of a pre-trial conference is to allow the judge, the prosecuting attorney, and the defendant’s lawyer an opportunity to privately discuss the case, and hopefully reach a settlement without the costly intervention of a jury. A pre-trial conference is usually held two to three weeks after the defendant’s arraignment. In cases where a negotiated settlement can be reached, the defendant should enter a plea of “guilty” or the matter will be dismissed. If the defendant still chooses to plead “not guilty,” the judge will be forced to negate the agreement and set a court date for trial.

If you have been charged with a misdemeanor, contact the law offices of Rizio and Nelson immediately. Do not attempt to navigate this process on your own, allow an experienced defense attorney team to do the work for you.