How long does a court appearance last

The more rambling they do, the less the judge is going to follow and pay attention. More often than not, I will counsel my clients on what to say. The primary concern is conveying to the judge that they are not a risk to the community and that they will not commit another crime in the future.

On the other hand, if the judge is determining the sentence, then we can argue for a lesser sentence than what the prosecutor asked for. There are absolutely things that can be done prior to sentencing that could help the outcome of your case. In the case of domestic assault, there are specific domestic assault programs that the courts generally require.

In the case of substance abuse, they usually require that you have a chemical health evaluation and complete treatment. When dealing with clients who have struggled with mental illness, demonstrating medication compliance and getting notes from doctors regarding the treatment plan is very persuasive. Thankfully, in our country we do not hold people in custody indefinitely while the case is pending.

This proceeding is called a Riverside Hearing. In most jurisdictions, the Riverside Hearings are accomplished by the arresting officer drafting an affidavit that summarizes why the police believe the arrestee committed one or more crimes. Keep in mind; this is a much lower standard of proof than what would ultimately be required to support a conviction at trial.

If the judge finds probable cause, he or she will authorize the continued detention of an arrestee for up to an additional days again depending on the particular county where this incident occurred. During this timeframe, the arrestee is ineligible for bail and must wait in custody for his or her initial appearance in court. In our example, if the police arrested Mr.

Smith for a misdemeanor, and he posted bail, he would receive a summons and a copy of the complaint in the mail or personally served upon him. A summons is simply a court order to appear in court on a certain date and time. The complaint is the formal legal charging document that initiates every criminal case.

The initial court appearance is usually pretty brief minutes. The main actions that occur at the initial appearance are:. This last action warrants additional discussion. Perhaps the most important action at the initial appearance is the initial judicial determination regarding bail. Generally speaking, the two most commons options for bail are either a signature bond or cash bail.

A signature bond means that the defendant will simply sign his or her bail form and agree to return to court at all future court dates. Cash bail means that the judge believes the defendant will need a further incentive to voluntarily return to court in the future.

As such, the judge will require the defendant to post a certain amount of money before he or she will be released from custody. Once the money is posted either by the defendant or a third party the defendant will be released and the money will be held on deposit until the case is over. Thus, if a third party posts Mr. Besides deciding between a signature bond and cash bail, the judge may also impose certain non-monetary conditions of bail such as a no-contact order with one or more persons, a prohibition against consuming drugs or alcohol and the like.

The non-monetary conditions of bail should be tied to the specific facts and circumstances of the case. In most counties, the commissioner will first ask the prosecutor for his or her bail recommendation.

If you say there was not enough evidence in your trial to justify the judgment, the appellate court will review the record and decide if there was substantial evidence to support the judgment. If you say mistakes of law were made, the appellate court will hold a hearing to listen to both parties. Then they will decide if there was any irregularity or mistake that prejudiced hurt your case.

In addition to appealing after a trial, there are other situations when you can file an appeal, like appealing the validity of a plea or probation violations. Talk to your lawyer to learn more about your options to appeal. To learn more about the rules in criminal cases, read the California Rules of Court, Title 4. You can also look for these court rules in any law library. They are very important. Be sure to read them and follow them exactly. Click to find your public law library.

Skip to main content Skip to topics menu Skip to topics menu. Cancel Print. Advanced Search. How Criminal Cases Work. In general, criminal cases have the following steps. Click on each step to learn more. The Arrest. How a Case Starts. The Arraignment.

Sometimes, defendants enter a plea of not guilty as a strategic decision during plea bargaining or because they want to go to trial and force the prosecution to prove its case beyond a reasonable doubt. The judge finds the defendant guilty and enters a conviction in the court record.

This plea has the same effect as a guilty plea, except the conviction generally cannot be used against the defendant in a civil lawsuit. After the Arraignment. Before the trial: The prosecution and the defense exchange information. Setting a Trial Date. What Happens at Trial. The Verdict. After the Trial — The Appeal Process. You can only appeal if: 1. You say there were mistakes of law during or before the trial that hurt your case.