By Melissa Lampert, KHTS Staff Writer
There are several steps that need to be taken according to criminal law process before you can be sentenced to jail or issued a criminal record in the case that you or a loved one are suspected of a crime.
Law enforcement officials must first have probable cause that the person committed a criminal offense before making an arrest, according to the Bail Resource Center & Academy.
“Arrests are made based on what’s called probable cause, or reasonable grounds,” said Inessa Chavez of All American Bail Bonds in Santa Clarita. “This is a term outlined by the Fourth Amendment of the United States Constitution.”
Following the actual arrest, law enforcement officials provide evidence and reports to the prosecuting attorney, who will decide if charges should be filed. If charges are filed, the prosecuting attorney then defines the criminal allegations against the defendant in a complaint filed with the court.
The arraignment is the defendant’s first court appearance, where they are formally informed of the charges and their constitutional rights. To help ensure the defendant will appear at future court dates if released from custody, bail is also often set during the arraignment.
“A judge will determine the bail amount by determining if the defendant is a flight risk or potentially dangerous to the community,” Chavez said. “Sometimes a defendant is released on their own recognizance– without any financial security –or bail can be denied in some cases.”
Related: Bail Bonds in Santa Clarita: Who Makes Up The Criminal Justice System?
Bail bonding companies like All American Bail Bonds in Santa Clarita allow the defendant to pay only a percentage of the required bond to the bond company, who posts the money needed for bail.
A preliminary hearing is scheduled following the arraignment, during which the judge can review probable cause and decide if the evidence is sufficient to support the charges. The judge can also adjust the bail amount and add additional charges during this hearing.
The defendant enters their plea to the charges at an arraignment in Superior Court before the defense attorney and prosecuting attorney hold a pre-trial conference. During this conference, the defense attorney may provide information that could prove the defendant’s innocence– giving the prosecution the chance to reduce the charges –or a deal or plea-bargain may be reached.
After all of these steps have been completed, a trial will take place in order for 12 impartial jurors to decide if the prosecution has met its burden of proving guilt beyond a reasonable doubt.
Related: Bail Agents At All American Bail Bonds Discuss Courtroom Etiquette
If the jury finds the defendant not guilty, the person is free to go and cannot be prosecuted again for the same offenses. In the case the defendant is found guilty, they will appear at a court hearing for their sentencing, where they also have the chance to state why they should receive the lowest possible penalty.
An appeal may be filed with an appellate level court based on the argument that the trial court made legal errors, or the defendant was denied a fair trial or due process of law.
Article Source: “California 20-Hour Bail/Recovery Pre-Licensing Education, Volume 1” by the Bail Resource Center & Career Academy
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