At an indictment hearing, a judge will read the indictment against the accused (now called the “defendant”) and ask the accused if they understand the charge (whether or not they agree with them). The accused is asked if he or she has a lawyer. If they do not, the court may appoint a lawyer for them. In all cases, the judge will inform the defendant of important procedural rights before proceeding. The procedure for resolving a case in the prosecution varies slightly from court to court, but the process usually involves the following: If you or your attorney fail to show up (commonly referred to as an FTA), the court will usually issue a California warrant. A California warrant allows law enforcement officials to arrest you and bring you straight to court. Bail is a way for the court to ensure that the abusive person appears at trial. By fixing the bail, the court forces the abusive person to pay money to the court. They will only get their money back if they show up for trial.
The courts believe that the higher the bail, the more likely they are to appear in court again. An indictment is usually the first court hearing in a criminal case. At an indictment hearing, the accused pleads (guilty, not guilty or not contested), the issue of bail and release is decided, and a later hearing date is set – usually for pre-trial or, in a criminal case, the preliminary hearing. Ideally, accused persons should have a lawyer at the time of the indictment. They should have a lawyer when they appear before the judge for the first time. Although the accused does not win his case to the charge, he should know what to avoid saying to a judge who might make a bad impression. Your first court appearance when you are charged with a crime can be stressful and scary, and you should have an experienced lawyer by your side. In the case of an indictment, a judge will formally pronounce the charges against the accused. If no bail has yet been set in the case, it will be dealt with by the prosecution. The accused is then informed of his or her rights and invited to plead the prosecution. This trial would normally take place in a courtroom, but sometimes the charges take place in a special room in the prison or even through a video feed.
In the case of crimes, the accused can often post bail and plead not guilty by mail. 2021 update for California: People can no longer be detained just because they can`t pay bail. Clear and convincing evidence is needed to demonstrate that detention is necessary to protect public safety. See In Re. Kenneth Humphrey on habeas corpus (March 25, 2021); Maura Dolan, California Supreme Court Terminates Cash Bail for Certain Defendants Who Can`t Afford It, Los Angeles Times (March 25, 2021) If you are undergoing surgery. Release (which is common in many cases of misdemeanor in first offenses that do not involve allegations under California`s domestic violence law), means that the court believes that you will honor your promise to appear in court as directed.21 The police must tell you if the person who abused you, and the court releases them. Sometimes the police don`t tell you. You can call the courthouse or the victims` or witnesses` lawyer to check. You should also review your plans to stay safe when released.
The infringement procedures are essentially the same as for infringements. Two important differences are that a person charged with a violation: One thing that can go wrong with an indictment is that an accused person is taken into custody. This could happen if the judge orders a bond to be posted. Or sometimes, a larger bond is required than what has been previously published. If you and the lawyer talk about it after waiving legal counsel and you agree on how to handle the matter, you and the lawyer will fill out a form called Plea Submission or Admission and Waiver of Rights that contains the agreed order. If you and the prosecutor disagree, you can each write your separate recommendation on the form. The form must be signed by both of you and given to the courtroom clerk. As soon as the defendant becomes aware of the charges, he or she has the opportunity to plead guilty. In almost all cases, the defendant will plead not guilty no matter what. The guilty plea essentially allows the judge to convict the defendant on the spot. Even if the accused is guilty, he is advised not to plead not guilty in order to negotiate a verdict with the prosecutor.
A plea of not guilty means that the case moves to the next stage, which is often the pre-trial phase. The prosecutor must collect and present evidence to prove guilt because he must prove guilt beyond a doubt. The judge can send the person who abused you to jail after the indictment, but probably not. If the judge does not set bail, the court will leave the abusive person until the trial. If the judge sets bail, they remain in jail until they pay bail. One of the first steps in the criminal process is prosecution. Sometimes an indictment occurs shortly after an accused has been arrested and cautioned, when it is usually combined with a bail hearing. For defendants who are never arrested (because they received a subpoena or summons instead), the indictment is usually their first court date. In crimes, the indictment is sometimes deferred until the grand jury issues an indictment.
Despite procedural differences, the basic structure of an indictment trial is the same for all accused. An indictment is a hearing. Here, the court formally accuses the person who mistreated you with the crime. But in some cases, the judge may consider the safety of the victim or other members of the community if they decide to set bail. This is called a “dangerousness hearing.” The more dangerous the person who abused you seems, the higher the bail will be.