Understanding the Felony Court Process in Redding, CA: Key Steps in Your Defense

Getting arrested for felony charges can be one of the scariest things you might go through, especially for first-timers unfamiliar with the felony court process in Redding, CA. Below is a breakdown of this process. However, the major stressors of navigating the courts can be partially alleviated with the help of an experienced attorney who knows and understands this process better than anyone.

Felonies begin with an arrest. Once arrested, the case is heard by the Superior Court of California, County of Shasta, Departments 1 & 2, which are located at 1655 West Street, Redding, CA.

Arraignment

The first step of the felony court process in Redding, CA, is an arraignment. This is a hearing before a judge in which the judge informs the defendant that the DA has filed certain charges against them. They will be read their rights, and bail will be set, if any. If a defendant has a lawyer, at this point, their lawyer may request a reasonable bail or negotiate with the judge if he denies bail or sets bail unreasonably high.

Bail is typically determined according to the criminal charges, previous criminal history, and flight risk of the defendant. A private attorney is more likely to better negotiate these terms on the defendant’s behalf than anyone else.

Plea Disposition Conference

Leading up to the plea disposition, the defendant will have the opportunity to discuss decisions about their case with their Redding criminal defense attorney so that when they attend the plea disposition conference, they will be prepared. The plea disposition conference is a court appearance in which the district attorney, the judge, and the defendant’s attorney discuss the case and the defendant’s position.

Preliminary Hearing

The preliminary hearing follows the plea disposition. In this hearing, the prosecution is asked to prove that the defendant committed the crime. If the judge finds sufficient evidence to support the charges against the defendant, the judge will bind the case for trial by issuing a holding order. Otherwise, if the judge does not find that the evidence is sufficient to support the charges, the charges will be dropped.

Settlement Conference

The settlement conference is similar to a mediation. It is an opportunity for the defendant and their attorney to meet with the district attorney and negotiate to reach an agreement. If no deal is made, a jury trial will proceed.

Trial Readiness Conference

This is the final chance for the defense to come to a resolution involving the case. If that doesn’t happen, the attorney will confirm that the case will go to trial and be scheduled on the trial assignment calendar. This typically occurs immediately after the settlement conference. Trials are usually scheduled to begin the following Tuesday.

Jury Trial

Jury trials occur Tuesdays through Thursdays from 8:45 a.m. to 4:30 p.m. Once the case is heard in court, the jury will decide. If they find the defendant not guilty, the case is closed, and charges are dropped. If they find that the defendant is guilty of felony offense charges, the case will be sent to the probation department, where they will create a pre-sentence investigation report for the judge.

A jury trial must begin within 60 days of the arraignment, which prevents defendants from waiting indefinitely for their trial.

Judgment and Sentencing

The last step in a felony case is the judgment and sentencing by the judge overseeing the case if the defendant pleads guilty or no contest, or if the jury found the defendant guilty. After carefully considering the evidence of both the defense and the prosecution and reviewing the investigation report, the judge has the final say in the defendant’s sentencing.

FAQs

Q: What Are the Five Steps in a Criminal Case?

A: The first of five steps of a criminal case in California begins with the arrest and filing of charges. The second step is the arraignment in court, which involves informing the defendant of their charges and rights. The third step is pretrial, which includes discovery, motions, and an opportunity to reach an agreement. This step will consist of a preliminary hearing for felony cases. The fourth step is the trial, and the last is the sentencing.

Q: How Long Are Most Felony Trials?

A: The length of most felony trials can vary from months to years. The determining factors that affect the length of felony trials include the severity of the case, the complexity of relationships with others involved in the case, the location of witnesses, the need for prolonged investigation, and the court’s caseload, as well as other factors.

Q: How Can I Avoid Jail Time for a Felony in California?

A: Depending on the conviction, alternative sentencing options are sometimes given to felons in California. Other penalties a judge might sentence an offender to instead of jail or prison time include house confinement, community service, probation, drug court, or work release. A judge is more likely to give a sentence that is not quite as severe as jail time if the defendant has an attorney to advocate and negotiate with the judge on the defendant’s behalf.

Q: Do You Have to Appear in Court for a Felony?

A: Yes, it is mandatory that defendants charged with felonies in Redding, CA, attend, at minimum, their arraignment. It is also preferred that they participate in subsequent hearings, conferences, and court appearances. Still, if requested in advance and for good reason, there may be special permission granted for extenuating circumstances if the defendant’s absence is necessary. In this case, the defendant’s attorney is expected to speak on their behalf.

Final Words on the Felony Court Process in Redding, CA

It is important to remember that not every case makes it to jury trial, and less than 2% of felony cases in California go to trial. Even more surprising is that only about 60% of felony arrests result in felony charges.

Often, cases don’t go to trial if the judge finds a legal reason that prevents the case from continuing or if the defendant enters into a plea deal with the prosecuting district attorney. Furthermore, not every case involves each of the steps detailed above.

If you are facing felony charges and would like to speak to a qualified and knowledgeable criminal defense attorney regarding the felony court process in Redding, CA, Eric Alan Berg & Associates attorneys are well-versed in California law and familiar with the California court system. Most importantly, though, we know the law and how to use it to defend our clients.

Contact Eric Alan Berg & Associates to get all your questions answered about the felony court process in Redding, CA.

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