The way cases move through the criminal justice system can be confusing. This animation shows how a case begins (with a crime being committed) and the path it takes to its conclusion. It also illustrates the checks and balances in place to ensure fair and equal justice is delivered. 

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Suspect Arrested (If Not In Custody)

Charges Filed /Warrant Issued

Trial (Judge or Jury)

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Criminal Activity /Investigation Click here to start!

Preliminary Hearing

District Attorney Case Review

Pretrial Proceedings

Probation Reports & Sentencing

Misdemeanor /Felony

2nd Arraignment

Arrest Warrant/ Victim Advocate

Arraignment

Arrest Warrant/ Victim Advocate

Criminal Activity /Investigation Click here to start!

A criminal case begins when a crime is committed and reported.

A criminal case begins when a crime is committed and reported. Police then open an investigation;

Criminal Activity/Investigation

A criminal case begins when a crime is committed and reported. Police then open an investigation, interview victims, witnesses. They collect evidence, examine crime scenes, video, photographs and conduct suspect lineups.

A police officer may arrest someone on the spot if they have probable cause to believe a misdemeanor or felony crime has been committed. An arrest warrant is required in some situations. The officer will submit a request to the District Attorney’s Office requesting a formal complaint and a warrant.

Arrest Warrant /Victim Advocate

A police officer may arrest someone on the spot if they have probable cause to believe a misdemeanor or felony crime has been committed. An arrest warrant is required in some situations. The officer will submit a request to the District Attorney’s Office requesting a formal complaint and a warrant. At this time, a District Attorney victim advocate will be assigned to the victim or to the victim’s family to connect them to services, to help them understand the criminal justice system and to guide them through the process. In California, victims have the right to be present during every hearing and shall be allowed to address the Judge at sentencing.

A Deputy District Attorney (DDA) will review the law enforcement investigation and determine whether a person should be charged, and what those charges should be. The DDA will review all reports, records and witness statements. Sometimes the case is not complete and it is sent back to police to conduct additional investigations. 

District Attorney Case Review

A Deputy District Attorney (DDA) will review the law enforcement investigation and determine whether a person should be charged, and what those charges should be.

The prosecutor can file criminal charges if he/she believes the evidence supporting the charges against the suspect can be proven beyond a reasonable doubt, from the information known at the time.  If the suspect has not been arrested, a judge would issue an arrest warrant for the suspect at this time.

Charges Filed

/Warrant Issued

The prosecutor can file criminal charges if he/she believes the evidence supporting the charges against the suspect can be proven beyond a reasonable doubt, from the information known at the time.

A suspect is usually arrested within days or weeks. However, the delay between the crime date and the defendant’s arrest on charges can take any length of time (e.g. if the defendant’s whereabouts are unknown, or if he/she has fled the state or country).

Suspect Arrested (If Not In Custody)

A suspect is usually arrested within days or weeks.

This is the defendant’s first court appearance. They are informed of the charges, advised of their constitutional rights and appointed an attorney. This is when the defendant pleads guilty or not guilty to the charges or pleads No Contest, which is when a defendant is convicted and receives his/her sentence but does not admit guilt.

This is the defendant’s first court appearance. They are informed of the charges, advised of their constitutional rights and appointed an attorney.

If the defendant is charged with a misdemeanor and pleads guilty or no contest, the Judge may sentence them at that time or schedule the case for a future sentencing date.

Misdemeanor/Felony

If the defendant is charged with a misdemeanor and pleads guilty or no contest, the Judge may sentence them at that time or schedule the case for a future sentencing date. If the defendant pleads not guilty, the case will be scheduled for a pretrial conference. At a felony arraignment, the defendant enters a plea, and is advised of their constitutional right to a preliminary examination within 10 days.

The defendant’s attorney may cross examine each of these witnesses and present their own evidence of innocence.  If probable cause is established, the defendant is bound over for trial. If the Judge decides there is not probable cause the defendant committed the crime, the charge may be dismissed or reduced to a misdemeanor.

Preliminary Hearing

If the defendant is charged only with misdemeanor crimes, there will be no preliminary hearing. Misdemeanor cases proceed to a pretrial proceeding and trial after arraignment.

This is when the DDA presents witnesses to convince the judge there is probable cause to believe a felony offense was committed. Generally, this is when the victim, and/or eyewitnesses, and the police officer may testify.

2nd Arraignment

After the case is bound over for trial, the defendant is given formal notice of the charges during an arraignment. The charging document is called an information. The defendant is again advised of their constitutional rights and enters a plea to the charge (guilty, not guilty, no contest).

Pretrial Proceedings

During these hearings, the Judge is called upon to resolve various issues such as whether the case should continue to trial, be resolved with a change of plea, or be dismissed.

Trial (Judge or Jury)

A trial is an adversarial proceeding in which the DA must present evidence to prove the defendant's guilt beyond a reasonable doubt.

A trial is an adversarial proceeding in which the DA must present evidence to prove the defendant's guilt beyond a reasonable doubt. The defendant is represented by an attorney and if they can't afford an attorney, one will be provided at no cost. The defendant is not required to prove their innocence or to present evidence, but their attorney may challenge the evidence presented by the DA. After all evidence is presented, the Judge or jury will determine whether the evidence proved the defendant committed a crime. If they are found guilty, a sentencing date will be set.

A trial is an adversarial proceeding in which the DA must present evidence to prove the defendant's guilt beyond a reasonable doubt. The defendant is represented by an attorney and if they can't afford an attorney, one will be provided at no cost. The defendant is not required to prove their innocence or to present evidence, but their attorney may challenge the evidence presented by the DA.

Probation Reports & Sentencing

The Probation Department prepares a report for the Judge summarizing the crime, the defendant’s criminal record, and sometimes contacts the victims for a recommended sentence. The final phase is the sentencing and it can be the most confusing. Most often, sentences are at the judge’s discretion. The Judge takes into consideration Probation’s pre-sentencing report and listens to additional information from parties at this time. This is when the victim or victim's family may address the court to describe the trauma and harm the defendant’s behavior has caused them. The Judge will also consult “sentencing guidelines” in the California Rules of Court, which aids the court in deciding the appropriate sentence.  However, the Judge may consider different alternatives such as fines, probation, community service, jail or prison. The Judge must order the defendant to pay restitution to any victims who have suffered harm.

The Probation Department prepares a report for the Judge summarizing the crime, the defendant’s criminal record, and sometimes contacts the victims for a recommended sentence. The final phase is the sentencing and it can be the most confusing. Most often, sentences are at the judge’s discretion. The Judge takes into consideration Probation’s pre-sentencing report and listens to additional information from parties at this time.

San Diego County District Attorney’s OfficeHall of Justice | 330 W. Broadway | San Diego, CA 92101T 619-531-4040 | F 619-237-1351 | www.sdcda.org

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