The Felony Court Process
      A felony case can be boiled down to four basic steps.  The first step is
called an arraignment.  At the arraignment, the Court asks the
defendant to enter a plea of “guilty” or “not guilty”.  The Court does not
consider whether the charges are true or not true, and no evidence is
presented.  Prosecutors usually do not participate in felony arraignments
unless there are other issues such as setting or modifying bail.  At the
arraignment the Judge may set, lower or raise the bail amount.  At the
arraignment, the Court will set a pre-preliminary hearing conference and
a preliminary hearing date.  In accordance with California Law, the
preliminary hearing will be set within ten (10) Court days of the
arraignment, unless a waiver of the time limit is taken.

      After arraignment, the prosecution will usually issue subpoenas for
witnesses and victims to appear on the preliminary hearing date.  The
prosecution issues subpoenas to a witness whenever the prosecution will
rely on a witness for testimony at the preliminary hearing; the issuance
of a subpoena does not mean the preliminary hearing is more or less
likely to happen,  nor does it reflect on the strength or weakness of the
case.  It is simply a normal part of case preparation.

      The next step is a pre-preliminary hearing conference.  At this stage
the defense attorney and prosecutor discuss the case in chambers with
the judge.  The defense may ask for information and evidence from the
prosecution, called discovery.  The attorneys and Court also try to
negotiate a resolution acceptable to both sides.  Defendants do not
participate in the pre-preliminary hearing conference although your
personal appearance in Court is required.  This stage of the process gives
the defense attorney all the evidence the prosecution intends to use in
the case, time to consider and explore the evidence, and an opportunity to
make efforts at resolving the case.  
      
      The third step is the preliminary hearing.  Many cases are resolved
prior to the preliminary hearing.   In Burbank, if a case cannot be
resolved prior to the hearing, another attempt will be made on the day  of
the hearing itself.  If the case cannot be settled the defense will announce
“ready” for preliminary hearing. Depending on prosecution readiness and
the availability of a courtroom, the preliminary hearing may be heard
sometime that day, or may be postponed until it can be heard.

      At the preliminary hearing, the prosecution must simply present
evidence that there is probable cause to believe that the defendant
committed the crime or crimes charged.  California criminal law permits
the prosecutor to meet this burden by calling only one law enforcement
officer who  investigated the case.  The prosecution does not have to
prove the case beyond a reasonable doubt at the preliminary hearing(that
standard only applies at trial).  Therefore, it is usually not difficult for the
prosecution to “win” the preliminary hearing.

      If the Court finds there is probable cause to believe the defendant
committed the charged offense, the defendant is “bound over” for trial
and the case is transferred to the Trial Court(sometimes referred to as
Superior Court).  In Superior Court, the defendant is once again
arraigned , the case is set for trial, and the case is ultimately tried before
a jury if no resolution is reached.

If you or a loved one has been arrested for a felony in the Burbank,
Pasadena or Glendale Court, or any other venue in Los Angeles County,
contact our local lawyers for a free no obligation case review.
BURBANK CRIMINAL DEFENSE
Local Law Office
2600 West Olive Avenue
Burbank California 91505
Toll Free 1-877-617-4485