Court Process

The court process for Infractions, Misdemeanors, and Felonies

Infractions

An infraction is a minor violation, usually related to traffic laws, local ordinances, or administrative rules. Infractions are not considered crimes, because the maximum punishment is a fine.  You cannot be sent to jail or prison if you are convicted of an infraction.  They can impact you in other ways, such as a traffic infraction which may add points to your driving record that could result in increased insurance costs, or even the suspension of your driving privileges.  Common examples of infractions include speeding tickets, noise violations, jaywalking, possession of an open container of alcohol, and illegal U-turns. The punishment for an infraction is generally a fine, which can be up to $250 in California, or community service in some cases. Unlike misdemeanors, infractions do not entitle the defendant to a DUI jury selection trial or a court-appointed attorney.  If you dispute the infraction charge(s), then you will be entitled to a Court Trial, where a judge will determine if you are guilty or not guilty of the charge(s).

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In certain cases, more serious offenses, such as misdemeanors, can be reduced to infractions by the prosecutor based on the facts of the case and the defendant's criminal history. Failure to pay a fine or appear in court for an infraction, or repeat offenses of the same crime;  can lead to more serious charges, such as a misdemeanor.

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Misdemeanors

Misdemeanors are criminal offenses that are less serious than felonies but more serious than infractions. DUI Penalties can include up to one year in county jail, fines, probation, or community service. Common misdemeanors include some DUI offenses, theft crimes, and vandalism. Unlike felonies, misdemeanors do not result in state prison time. The misdemeanor process begins with either an arrest or citation, followed by an arraignment where charges are formally read, and the defendant enters a plea of guilty, not guilty, or no contest. If a not guilty plea is entered, the case proceeds to the pre-trial stage, where evidence is exchanged and plea deals may be negotiated. Pre-trial motions can be filed to challenge evidence, to suppress evidence, to require the prosecutor to turn over evidence, or request dismissals. If no plea deal is reached, the case goes to trial.  If charged with a misdemeanor, you are entitled to have a jury trial or may elect to have a court trial.  Where both sides present their arguments, and a verdict is reached.

Arraignment

‍The arraignment is your first court appearance after being charged with a crime. During this hearing, the judge will inform you of the charges and your right to an attorney. You will also enter a plea - "not guilty," "guilty," or "no contest." Depending on the plea and your situation, the judge may release you or set bail.

Pretrial Motions & Hearings

‍Before trial, both sides exchange information through discovery, allowing each to see the evidence the other will present. Your attorney may file motions to suppress evidence or dismiss charges based on the details of your case. Plea negotiations often continue throughout this phase, potentially resulting in a settlement.  The person facing charges may elect to resolve the case through a plea agreement.  

Trial

‍If your case goes to trial, both sides will present evidence, examine witnesses, and make arguments. The jury discusses a verdict of "guilty" or "not guilty." If found guilty, sentencing follows, though you may appeal the decision.

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Felonies

Felony cases follow a similar structure but with more serious consequences. A matter is a felony if the potential sentence is more than a year in custody.  A person may be charged with several offenses in a charging document, and they can be felonies or misdemeanors.  The felony charges have more serious consequences, so there are added protections to the process to help weed out cases where there is insufficient evidence to proceed.  After the initial arraignment, you are entitled to a preliminary hearing where a judge determines if enough evidence exists to proceed to trial. Essentially, the judge is listening for evidence that a crime occurred and that the accused likely did it.  It is not proof beyond a reasonable doubt, but enough to give the court confidence that a crime is likely to have occurred. If the court finds that there was sufficient evidence to “hold you to answer” to the charges.    If your case moves forward, you will undergo a second arraignment, and then the case will move towards a jury trial, but there will be more pre-trial conferences prior to that Jury Trial.  The court process involves extensive motions and hearings, as well as negotiations for plea deals. A felony conviction typically results in harsher penalties, including potential prison time.