First Comes the Arraignment
An arraignment is the process by which the defendant is read specific charges against him. All arraignments are conducted after the suspect is arrested and booked by law enforcement. The defendant is arraigned and may choose to plead guilty, not guilty or no contest.

What Will Happen At The Arraignment?
At the arraignment the defendant will appear before a judge and will usually be provided with a written allegation from the prosecutor. Specific things to remember about the arraignment are:

• The defendant will be asked to acknowledge his identity.
• The defendant may have private counsel present or the court may appoint one.
• The defendant may be told his possible punishment. The possible punishment is not a reflection on the case or the judges view of the case or the defendant.
• If charged with a misdemeanor, the defendant is required to reply to the written charges with a plea of either guilty, not guilty, or nolo contendere. (no contest) If charged with a felony, the defendant may or may not be required to reply with a plea at the initial arraignment. (The policy of presenting a plea at a felony arraignment is different state-by-state)
• In a misdemeanor case, the judge will set the defendant's tentative appearance schedule.
• In a felony case, the judge will set the defendant's tentative preliminary hearing. (Not all states have preliminary hearings. Some convene a grand jury to find probable cause.)
• Bail is established. The defendant has a right to argue for a bail reduction.
• Discovery is usually presented to the defense attorney. Discovery usually consists of a police report and a complaint. This varies by state. Some states do not provide discovery until after the preliminary hearing or indictment.
• If the defendant pleads guilty at the arraignment, the judge may sentence the defendant at that time.

Next comes the SCR hearing
This involves a meeting between prosecution, defense and the court in most cases. Topics discussed in most states include plea bargain opportunities, strengths and weaknesses of the prosecutions case, and intangible factors of the case, such as the defendant's character and past history.

Then the Preliminary Hearing will take place
At the preliminary hearing the judge determines whether sufficient evidence exists to send the case to the upper court for trial. The judge reviews 1) if there is probable cause to believe a crime was committed. 2) if there is probable cause to believe the person in front of the court is the one who committed the crime. Rarely does a judge overturn the prosecution and dismiss the case.

The preliminary hearing will be conducted in front of a judge. No jury will be present.

Neither the prosecution or defense will present their whole cases; they want to save their case strategies for the trial.

Before trial, counsel will hold a Pre-Trial Conference
The pre-trial conference is a formal setting where plea bargaining occurs. The prosecution may offer alternative sentencing. The charge may be changed to a lesser charge. The number of felony counts may be dropped. A lesser punishment for the same charge may be agreed upon.

Plea Bargaining
95% of all cases end in a plea-bargain. Plea-bargaining is an excellent way to avoid a potential stiff conviction in favor of an agreed upon lighter conviction. For instance, in a drug possession case, a judge may be convinced to dismiss the charges in return for the defendant's successful completion of a rehabilitation program. Some judges and prosecutors are amenable to plea-bargaining, whereas others are not. Plea bargaining enables the judges to move cases through the legal process, and prosecutors to rack up convictions.

Five things to ponder when considering a plea bargain:

1. A judge-approved guilty or no contest plea bargain may result in a criminal conviction. *The conviction will show up as a criminal record.
2. The defendant may lose rights and privileges as if the defendant were convicted after trial.
3. A no contest plea says "I don't choose to contest the charges".
4. A guilty plea serves as an admission of guilt.
5. A plea bargain may result in a lighter sentence and completes the matter quickly.

How to plea-bargain a good deal:

• The defense must show responsibility for the crime is minimal.
• The defense must show the impact of the crime elicited little damage.
• The defense must explain mitigating circumstances that led to the crime.
• The defense must establish weaknesses in the prosecutions case, such as lack of evidence or lack of witnesses or factual inconsistencies.
• The defense must establish good character on the part of the defendant. The crime was a departure from normal conduct.
• The prosecution and defense must mutually desire a reasonable settlement.
• The impact on the defendant's family or dependents would be a hardship.

If a plea bargain is not in the works, a Trial will take place
A jury trial is the fact finding phase of the case. It is the in-court examination and resolution of a criminal case. At the trial a decision will be reached as to the innocence or guilt of the defendant. Unlike a plea-bargained settlement which completes the case prior to trial, a trial introduces risk for both the prosecution and defense. Neither side knows which side will win. The trial begins with the prosecution's opening statement. The defense attorney may also present an opening statement at this time. The prosecution presents his case to support the charges and then rests. The defense presents his case to refute the charges and then rests. Closing arguments by both the prosecution and defense conclude the presentation part of the trial. The jury then deliberates innocence and guilt.

If a guilty verdict is returned, the judge will hold a sentencing hearing
The judge determines the length and type of punishment at a sentencing hearing. Witnesses are generally allowed to speak, requesting either a lighter or stiffer sentence. The defendant may make a statement to the court.

Things to consider regarding sentencing:

• The judge almost always determines punishment.
• The judge may be required to follow specific sentencing guidelines.
• The eighth amendment to the U.S. constitution provides that punishment may not be cruel or unusual.
• Factors such as no criminal history, a good public record, and professional or personal responsibilities may persuade the judge to provide a lighter sentence.
• A previous criminal record, use of a dangerous weapon, and the type of conviction may persuade the judge to provide a harsher sentence.
• Judges almost always give repeat offenders stiffer sentences.
• If the defendant is not planning on appealing the case, this may be an appropriate time to acknowledge responsibility in order to convince the judge to give a more lenient sentence.

Circumstances That Can Adversely Affect Sentencing:

Previous Criminal Record. A defendant's past record is a large consideration when determining an alternative or lesser sentence within the lower end of the sentencing guidelines. A previous record can also affect the level of security of the facility that the defendant will be sent to as a result of sentencing. Most correctional facilities use a point system unfavorable to repeat offenders costing them time deducted from their sentences. On the contrary, first time offenders are frequently sent to camps or community centers instead of penitentiaries.

Enhancements. Most states carry statutes which call for stiffer penalties if a defendant's crime involves the use of a dangerous or deadly weapon, serious or permanent bodily injury, or crimes against youth or the elderly. Enhancements generally increase the sentencing penalties. In some states, enhancements are not a separate charge and are considered part of the primary offense such as armed robbery.

ALTERNATIVE SENTENCING
Even in the case of a conviction or a plea bargain, a skilled defense attorney tries to obtain alternatives to jail for their clients. Alternatives to jail include:

• Electronic Monitoring
• Work Release or Work Furlough
• Private Jail
• Alcohol or Drug Rehabilitation
• Sober Living

An experienced criminal attorney fully explores each of these options, and bases his goals on the individual facts of each case.

Electronic Monitoring: Also known as "House Arrest." This involves wearing an ankle bracelet that electronically monitors the whereabouts of the wearer. What most people do not know is that the wearer can usually go to work or to school, but must be home at an appointed time.

Work Release: This involves working at a site determined by the Probation Department. You work during the day, but get to go home at night to sleep.

Work Furlough: This allows you to keep your job and go work and make a living during the day. At night, however, you sleep in a dormitory-style facility, and then go to your own work once again during the day.

Private Jail: Usually costs money, but typically a much more pleasant experience than jail.

Alcohol or Drug Rehabilitation: Sometimes a DUI or drug related arrest is merely the symptom of an underlying addiction issue. For those cases, rehabilitation is a much more attractive option than jail. A skilled criminal defense lawyer will know how to obtain this type of relief for his clients. The defense attorney should stress to the prosecution and the judge that this is a much better solution than jail, and in cases of addiction, a superior alternative.

Sober Living: These are houses, both for men and women, where all of the residents are sober and must maintain sobriety to stay in the house. The structure of each house is different, but residents are usually required to attend a 12-Step meeting daily, participate in house groups, and perform chores. For those people that are multiple offenders and have not responded to past attempts at treatment, this environment may greatly improve the quality of their life. This can often be utilized by skilled criminal defense attorneys to help their client avoid lengthy jail sentences.

Proposition 36, which took effect on July 1, 2001 offers substance-abuse treatment in lieu of jail for certain drug possession convictions. People convicted of a non-violent Drug possession offense may be eligible for this program provided:
they did not use a firearm during the crime,
they were not convicted of another crime in the same case, and
they did not have prior convictions within the last 5 years.

Under "Prop 36", drug offenders will receive probation with the stipulation that they participate in a substance abuse program for a period of one year and agree to follow up care.

If you or a loved one has been arrested or charged with a drug crime, the most important call you can make will be to a criminal defense attorney. Violating the laws in California can bring very severe penalties. There is nothing more important than having an aggressive and experienced law firm on your side. An aggressive and experienced law firm may be able to get your charges reduced and in some cases dismissed. If jail time is inevitable, an exceptional lawyer may be able to get this jail time reduced or convince the court to allow a suitable alternative to jail time such as home monitoring, work furlough or drug rehabilitation.