Why Would a Review Hearing Be Set Following an Entry of Plea

PARTIES TO THE CRIMINAL JUSTICE PROCESS

BAILIFFLaw enforcement Deputy who oversees guild in the court and inmate ship in and out of courtroom

COURT CLERKPerson who assists the judge by documenting courtroom orders, administering the "oath" to witnesses before they testify, etc.

COURT REPORTERPerson who documents everything that is said by using a special transcribing machine, while court is in session and on the record, creating a courtroom transcript

CRIMINAL JUSTICE VICTIM ADVOCATEA person who is trained in the criminal justice procedure and supports and assists victims with understanding their rights and provides resources: Data and Referral; Advocacy and Support; Emotional Support or Safety Services; Shelter/Housing Services; Criminal Justice Assistance

DEFENDANTPerson who has been charged with committing a crime

DEFENSE ATTORNEYPerson who represents the defendant and provides advice and information on possible consequences if convicted (will often advise their customer not to speak and to enter a plea of not guilty at arraignment, to allow the defense to provide mitigating information to the prosecution (information to lessen the gravity of an offense).The Defense Attorney tin be paid for privately or appointed by the court . A Public Defender (PD) is appointed past the court and a Conflict Chaser is an attorney appointed by the court when the public defender'southward function is not able to represent the defendant due to a conflict.

District ATTORNEY (DA)(Represents the "People" of the customs) Non a individual attorney, does NOT represent individual public members. The person who has the authority to "printing charges". Chief Banana Commune Attorney (CADA); Assistant District Attorney (ADA); Deputy District Attorney (DDA)

INMATE Person who is suspected of or convicted of committing a crime, who is in custody

Gauge (Your Laurels or The Court)

The Approximate cannot charge or decline to charge a example, just the DA can practise that. Nonetheless, the guess tin determine there is not sufficient evidence to show the example, and either reduce the charges to a lower level (Felony to Misdemeanor) or dismiss the case afterward information technology has been filed, if they feel the prosecution has non met their burden of proof beyond a reasonable doubt

JURYindividuals from our community who are charged with determining if a crime happened based on the evidence presented at trial. In that location are 12 jurors. Alternate jurors are selected to fill in if ane of the other 12 jurors falls ill or is no longer able to remain on the jury panel

SuspectPerson suspected of committing a criminal offence

VICTIM Person who has been victimized (in the eyes of the law) considering of a law-breaking. The victim does NOT have the potency to "press charges" though they are often asked how they feel about charges being "Pressed" or filed

WITNESS A person who witnessed a law-breaking or a slice of the criminal offense (not a victim)

COMMON TERMS USED IN THE CRIMINAL JUSTICE PROCESS

ARRESTA suspect can be arrested on suspicion of committing a law-breaking. Arrests tin can be made based on law enforcements standard of probable cause,meaning it is reasonable to believe the suspect probably committed the crime (this is a much lower standard than the prosecutor has when charging a case)

BailWhen a doubtable is put in custody (jail), bond is attached to their release.   The bail corporeality is based on the charges or type of crime the doubtable was arrested on (frequently those charges can change once the prosecutor receives additional information from the investigation). Bail or charges could also alter at a later on point in the case, after the receipt of data (mitigating or aggravating) from the additional investigation, or if the Estimate believes the prosecutor does not have enough evidence

BURDEN OF PROOF STANDARDThe obligation to prove i'due south assertion.  In Criminal court the brunt of proof is beyond a reasonable doubt, meaning across dispute that whatsoever reasonable alternative is possible.   In civil cases, proof by preponderance of the evidence must be greater than 50%.

CUSTODY When a suspect is being held in custody at a local jail (The prosecutor will need to make up one's mind charges within 48 hours). If the prosecutor is not able to brand a charging decision by the required timeframe, they tin can notify the jail to release the suspect pending farther investigation while waiting for additional evidence

DISCOVERY Evidence received and duplicated to share with the defense force and sometimes the prosecution (typically includes law reports, photographs, recordings, etc.) Evidence tin can be aggravating (to make the case stronger) or mitigating (to lessen consequences), either fashion, the prosecutor mustindistinguishable and share with the defense.  *The defense does not have the same obligation

Prove Data obtained past law enforcement during their investigation and by search warrants or subpoenaed records.  The DA's office receives evidence or witness statements through law enforcement agencies.  It is important to notation that the victims/witnesses cannot provide the data directly to the DA staff due to a strict chain of evidence rules for the court process.   Anyone who receives evidence could become a potential witness.

INVESTIGATIONConducted by a trained law enforcement officer(s) for the purpose of gathering show for the prosecution to review and determine if a law-breaking happened and if that crime can be proven by the standard ready along in the constabulary of Across a reasonable incertitude

REFERRAL When law enforcement takes a written report and the suspect has not been arrested (police force enforcement could be looking for the suspect or they are not sure who the suspect is) the information will come over in a referral study

PROTECTIVE ORDERS

*Civil Restraining Orders are commonly sought in neighbor disputes.

*Domestic Violence Restraining Orders are sought by individuals who are in a relationship and asking the other party to exist restrained.

*Emergency Protective Social club (EPO)- initiated by law enforcement or the prosecutor/judge) and issued when law enforcement is called to a scene, typically for domestic violence (this society has a very minor amount of time from it being ordered to it expiring)

*Criminal Protective Lodge (CPO)- issued in all Domestic Violence cases and volition remain until the completion of the criminal proceedings, sometimes longer depending on the type of criminal offense

CRIMINAL Courtroom PROCESS

Felony Cases

ARRAIGNMENTInitial court appearance when the defendant will exist told about the filed charges based on the alleged crime and the adjacent courtroom appearance date will exist set.  If the defendant has not already secured counsel, a public defendant will be appointed to explain the charges and potential punishments for the alleged charges.

Once an attorney has agreed to represent the accused, the prosecutor volition share the initial discovery (evidence including police reports, witness statements, 911 calls, photos, lab tests, etc.).   Discovery continues to be shared throughout the criminal justice process between the attorneys and the defendant.   To maintain the integrity of the instance, discovery may not be distributed to anyone else.

The courtroom will want to know if the accused would similar to enter time waivers within 10 calendar days or a trial within lx calendar days.  A defendant could waive the x day, just not the sixty, or waive both the x and 60 or non waive time at all, in which instance, preliminary hearing will be set. Often after the defense chaser reviews the initial discovery, they will have a more informed chat with their customer and propose them on how they should proceed leading to time waivers continuing as set or a change in entry of time waivers.

During most arraignment hearings, the defendant will enter a plea of Non Guilty- Even in cases where they may take previously admitted guilt.  This is to allow fourth dimension to review the charges and evidence with their defense attorney.

PLEA-A plea is when the defendant tells the court their decision to either accept or not take responsibility for the crime they are charged with.  When a defendant decides to accept responsibility, they will enter a Guilty Plea or a plea of No Contest.  A plea of No Contest is the same as a guilty plea in the eyes of the criminal court but may have sure protections for the accused in ceremonious court.

PLEA Agreement-A plea agreement is negotiated between the prosecutor and the defense, who take arrived at an understanding for a penalisation without the need for trial.  A guess must authorize the agreement.

**MARSY'S Correct- the victim has the right to appearance at court proceedings and expression of views: As a victim, you have the right to be heard, upon request, at any proceeding, including any mail-arrest release decision, plea, sentencing, mail service-conviction release conclusion or at any proceeding in which a correct of the victim is at issue.   Every bit a victim, y'all may make a statement to the court/Judge, regarding the defendant's custody status/bail. This statement is a request for the court to take into consideration your safety, and the safety of the community should the accused be released from custody or if they are already out of custody, request the court to review and/or place additional restrictions on their release, such as supervised OR (ain recognizances) having a probation officer monitor their release, be subject to search and seizure, ankle monitoring, protective order, etc. (This statement is non a statement of bear witness or a trial, it is limited to the safety of the victim and community pending the criminal proceedings).  Your victim advocate can assist you on preparing your statement.

Early on SETTLEMENT/Status CONFERENCE (ESC)-There could exist several of these hearings during the criminal justice process.  An ESC is a "cheque in" with the court to look over discovery and work through the negotiation procedure.  The guess will enquire as to the status and a future court engagement will be ready.  The accused is not always required to be nowadays at an ESC and their attorney can appear on their behalf.  It is possible for cases to resolve or parties to attain an agreement during an ESC hearing.  This would be considered an early resolution.

**MARSY'S Correct- the victim has the correct to be notified of and nowadays at all public proceedings: Let your advocate know if you wish to be nowadays at each hearing or updated via telephone or email.

PRELIMINARY HEARING (PX) –Witnesses/Victims are mostly excluded from being in court during these proceedings, unless subpoenaed to show, and then only allowed to exist nowadays during the time of their testimony.

This is the kickoff significant court hearing after the arraignment and is oftentimes thought of equally a "mini trial".  The prosecutor must testify to the court that they have alleged proper charges based on the prove presented.  If the prosecutor is successful in proof then the defendant will be held to respond, meaning they volition be held over for trial.   Yet, if a judge determines that the prosecutor did non meet their brunt of proof, then the approximate can reduce the charges from a felony to a misdemeanor or dismiss the case birthday.

ARRAIGNMENT on INFORMATION

When the prosecutor is successful at the preliminary hearing, the next step is for the prosecutor to file another document with the court, similar a complaint, that alleges the charges the courtroom-approved at the PX.This certificate is chosen "the data".

**MARSY'S Right- the victim has the correct to make a bail statement: Because this could be considered a "change in circumstance" the victim could readdress the court regarding "bond".

TRIAL CONFIRMING CONFERENCE (TCC)

Post-obit the Arraignment on Information hearing, the side by side court appearances focus on trial dates and confirm the attorneys agree with the timing of the trial dates.  There could be more than one TCC equally attorneys are still negotiating prior to the start of trial.

TRIAL

Trial can be in the form of a jury made upward of twelve members from the community or a demote trial where just the judge hears the show and decides.  At the beginning of the process, the attorneys volition litigate what information will be admitted or excluded.  Depending on the criminal offense, this could be a very brusque process or take several weeks depending on the severity of the punishment the defendent faces.

To meet their burden, the prosecutor MUST convince all 12 jurors that the accused committed the crime beyond a reasonable doubt.  In that location are several types of verdicts but the near mutual are Guilty or Guilty past Reason of Insanity.

If the prosecutor is non successful, the following could occur:Acquittal or a Non Guilty Verdict. All 12 jurors did non believe the prosecutor met their burden.  If a case ends in an acquittal then that is the end of the case.Hung Jury: A hung jury occurs If the prosecutor convinces some, but non all 12 jurors, there could exist a split and the prosecutor can endeavor again to evidence the crime, or retry the case, but would have to start the entire procedure over once more.

JUDGMENT AND SENTENCING:

Once bedevilled at trial or if the defendant plead in a felony criminal instance, the concluding hearing that will conclude the case is chosen a Judgement and Sentencing hearing.  A approximate must impose a sentence that is sufficient, but not greater than necessary, to reverberate the seriousness of the offense; fairly deter criminal bear; and protect the public from further crimes past the defendant.

**MARSY'S RIGHT- the victim has the correct to appearance at courtroom proceedings and expression of views:As a victim, you lot have the right to exist heard, upon request, at whatsoever proceeding, including any postal service-arrest release decision, plea, sentencing, post-conviction release decision or at any proceeding in which a right of the victim is at upshot.

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Source: https://www.placer.ca.gov/7238/Know-the-process