Arrest
If you were arrested and taken to jail, the law requires that you be presented in court (“Initial Arraignment”) within 48 hours of your arrest. However, weekends and holidays do not count towards the 48 hours.
Before your initial arraignment, the Sheriff may release you on your promise to appear in court at a future date. Once you have been released, you should contact an attorney before your court date.
If you are not released by the Sheriff, you normally are entitled to post a money bail to get out of jail. The initial bail amount is determined by the Sheriff’s Department. The bail amount is subject to change by the Judge once you appear in court.
If you are detained by the police, the police may issue you a citation with an order to appear rather than taking you to jail. If you receive a citation, you must show up in person in court on the date written on the citation. You should contact an attorney before your court date. If you believe you qualify for the services of the Public Defender, please contact our office immediately.
Initial Arraignment
The very first court appearance is the arraignment. The court provides a copy of the complaint. The complaint is a written document, filed by the prosecutor, accusing you of one or more crimes.
If you cannot afford a private attorney, ask the court to refer you to the Public Defender's.
If you are in jail, an attorney from the Public Defender's Office will visit you to determine whether you qualify financially for the services of the Public Defender. At the initial arraignment your attorney can request that you be released from jail and/or to change the bail amount.
If you are out of custody, you can go to the Public Defender's Office at Room 127, 3501 Civic Center Drive, San Rafael, CA 94903, and an attorney will conduct a financial evaluation to determine if you qualify for the services of the Public Defender.
Meeting Your Attorney
After you have been accepted as a Public Defender client, your attorney will meet with you to discuss your case.
Your attorney will review the charges, police reports and any other evidence provided by the prosecution. If you have any independent evidence (photographs, video recordings, or other documents), please notify your attorney.
Preliminary Hearing
If you are charged with one or more felonies, you are entitled to a preliminary hearing. A preliminary hearing is not a trial. It is a much shorter hearing, at which the prosecution must only present evidence through witnesses that it is likely the accused committed a crime. Typically, the prosecution calls the primary investigating officer as a witness and maybe one or two other witnesses.
If the judge decides there is probable cause to believe you committed one of the charged crimes, then the judge will issue an order requiring you to stand trial. If the judged decides there was insufficient evidence presented on one or more of the charges, the charge(s) will be dismissed.
If you are in custody, you are entitled to a preliminary hearing within 10 court days from the date of your arraignment. Court days means those days in which the court is open for business; Saturday, Sunday, and holidays are excluded. If you are out of custody you are entitled to a preliminary hearing within 60 calendar days.
Trial
At trial, 12 members of the community will listen to the evidence and decide whether the prosecution has proved the charge(s) beyond a reasonable doubt. All 12 jurors must agree to return a guilty or not guilty verdict on each charge. If they cannot all agree, it is considered a hung jury. If there is a hung jury, the prosecution may decide to do the trial over or dismiss the case.
You must be present every day of your trial. Most felony trials last about one week but can be much longer depending on the charges. Marin County Public Defenders are highly trained criminal defense attorneys. Your attorney will select an impartial jury, present an opening statement, cross-examine the witnesses who testify against you, present witnesses or evidence on your behalf, and give a closing argument to the jury.
What Happens After Trial?
If the jury finds you not guilty, your case is complete and you do not owe the court any further obligations on that case.
If the jury finds you guilty of some or all the charges, your case will be continued to another court date for sentencing. At sentencing, the judge has the authority to give you up to the maximum punishment. Usually, the judge gives the person less than the maximum sentence. In most cases, the person receives probation, a jail sentence, community service, fines, classes, counseling, substance use treatment, or drug and alcohol testing. The sentence the person receives is determined by what happened in the case.