California Criminal Defense Blog

Being arrested and thrust into California’s criminal court process can be one of the most frightening experiences of your life. Understanding how it works may help ease some of those fears.

Your first formal court appearance is the arraignment, which is where you enter a guilty, no contest, or not guilty plea. If you plead guilty or no contest, you proceed to sentencing, where the judge hands down your sentence. If you plead not guilty, you move into the pre-trial process.

The pre-trial process is where most California criminal cases resolve. Your attorney will argue motions, engage in plea-bargaining, and conduct an independent investigation of the charges, all in an effort to help you favorably settle your case. If the case settles, you move onto sentencing. If not, to the trial phase.

Jury trials can last anywhere from days to months, depending on (1) the charges filed against you, and (2) how many charges have been filed against you. During the jury trial, both sides present evidence in an effort to prove that you are either guilty or innocent of the charge(s). If you are found not guilty, the case is over, and any bail you posted will be exonerated and returned. If you are found guilty, you proceed to sentencing.

The oldest and strongest kind of fear is fear of the unknown. Hopefully, should you find yourself in the unfortunate situation of being arrested, this overview of the California criminal court process will help ease some of your anxiety.

Arraignment was postponed for Lonnie Franklin Jr. (a.k.a. the “grim sleeper) until August 23rd because of a change in his public defender. The Los Angeles man who was charged with 10 counts of murder and one count of attempted murder that took place over a 22-year period is expected to enter a “not guilty” plea. Franklin’s “grim sleeper” nickname came about because of a 14-year gap in killings, the most recent of which took place in 2007.

In this state, an arraignment is the first stage of the California criminal court process. As the first stage of this process, a California arraignment is the defendant’s first opportunity to enter a plea. People who are represented by an attorney generally enter a “not guilty” plea at the arraignment, since there hasn’t been much time to conduct an in-depth investigation into the case.

However, there may be times when entering a guilty or “no contest” plea may be beneficial as well. Perhaps you know that other charges should have also been filed that were inadvertently ignored, perhaps you simply want to “get on with your life”, perhaps you can’t afford the time and expense of fighting the case.

Whatever the circumstances, California arraignment law is strictly regulated and must comply with rigid timelines…if it does not, the state may be forced to drop its charges against you.