![]() A victim will often be required to testify at the preliminary hearing. The preliminary examination is an evidentiary hearing to determine if the evidence is sufficient to support further felony prosecution on the felony charges. A misdemeanor will usually proceed from the pretrial conference phase, directly to a readiness hearing and trial.Ī felony charge usually requires a “preliminary hearing” at some point following the arraignment, unless waived by the defendant. This proceeding is similar to a civil settlement conference. Domestic violence cases are an exception to this rule, as defendants must appear at the arraignment and sentencing hearings in order to be served with a Criminal Protective Order (CPO).Īfter arraignment, the case will usually be set for a hearing called a “pretrial conference” or equivalent. Defendants charged with a misdemeanor, who are represented by counsel, are typically not required to personally appear in court. In felony cases, the defendant must personally appear at all hearings unless the court waives the requirement pursuant to a ( Penal Code Section (PC) 977 waiver). A case wherein the defendant is not asserting his speedy trial right, will be referred to in the system as a “time waived” case. A defendant pleading “not guilty” will be given certain options at arraignment, including a new court date to allow investigation of the charges, and whether to assert their speedy trial rights. The arraignment ostensibly is to advise the defendant of the charges against him and to give him an opportunity to enter a Plea. (Penal Code Section (PC) 17(b)īoth felonies and misdemeanors start with a procedure called an arraignment. ![]() The Court additionally retains the jurisdiction to reduce a charged felony to a misdemeanor at the time set for a Preliminary Hearing/Examination, or at the time of Sentencing in certain cases. An example is a so called “felony drunk driving charge” (Vehicle Code Section (VC) 23153), which can actually be charged as either a felony or a misdemeanor. Wobblers have statutory penalties which give the alternative option of either state prison comitment or a county jail sentence. ![]() The latter are called “wobblers” in the criminal courts. While most crimes provide either an express declaration of classification, or impose sentences which make the crime conclusively either a felony or misdemeanor, other crimes may be charged alternatively as either a felony or misdemeanor. A misdemeanor is a crime which can result in a county jail sentence of up to one (1) year, but does not result in a prison sentence. Generally, a felony is a crime for which the punishment may include prison. A crime may be charged, as either a felony or misdemeanor.
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