Criminal Courts

Criminal Overview

California Superior Court is committed to the administration of justice with equality, fairness and integrity, in an expeditious and timely manner for the people of the County. The Court seeks to provide equal access to justice, prompt and courteous service, independence and accountability of Court actions, and to exercise case management practices designed to facilitate the fair and timely disposition of cases.

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Appearance Information

Misdemeanors, felonies and warrants require a court appearance. Prescheduled court appearances will be on the calendar. Advances and continuances may not be included. Please report directly to the courtroom to which you have been assigned. Courtroom doors generally open at 8:30 a.m. If your name is not listed on the calendar and should be, report to the Clerk’s Office for additional information. Present the clerk with any paperwork you have that relates to your case.

To appear in court on a non-calendared case, you must report to the Clerk’s Office by 8:30 a.m., Monday through Friday. Present the clerk with any relevant paperwork/information, such as case number, copy of citation, bail/bond receipt, driver’s license number and/or proof of compliance of a Court order.

If you need record checks, have already been sentenced and are due to pay a fine or show proof of program completion, are filing motions or have other Court business, you may appear in the Clerk’s Office during normal business hours.

If you are requesting information regarding a defendant who has been brought to Court in custody, please make your inquiry in the Clerk’s Office, or call the specific Court location for information. Please have the defendant’s name, date of birth and booking number or arresting agency ready.

For courtroom appearances, the following rules are enforced:

  • Shirt and shoes are required in the courtroom.
  • Tank tops and T-shirts are NOT allowed in the courtroom.
  • Food, drinks, and gum chewing are NOT allowed in the courtroom.
  • Weapons are NOT allowed in the courthouse.
  • Pagers and cell phones must be turned off.


Cases Handled In The Criminal Division


Infractions

Infraction crimes are not punishable by imprisonment. A person charged with an infraction is not entitled to a trial by jury, and is not entitled to be represented by Court-appointed counsel at public expense unless the person is held in custody. The most common infractions are vehicle moving violations, which are typically charged/filed on traffic citations.

Infraction violations usually do not require a Court appearance and can be processed in the Clerk’s Office. However, if a defendant wishes to appear in Court, he or she may schedule a Court date to appear for arraignment and/or court trial.

Misdemeanor

Misdemeanor crimes are punishable by a maximum fine of $1000 and a county jail term of one year or less. However, some offenses exceed these general criteria; for example, spousal abuse can carry a $6000 maximum fine. Common examples of misdemeanor violations include petty theft, prostitution, vandalism, and driving under the influence.

The processing of a misdemeanor usually follows this order:

  • An arrest is made - police take the defendant to jail. Three things can happen:

    • The defendant is released - no charges are filed.
    • The defendant posts bail/bond or is released on his or her own recognizance ("O.R.") and is scheduled for arraignment.
    • The defendant remains in the custody of the law enforcement agency and is transported to Court for arraignment.

 

  • Arraignment
  • The misdemeanor arraignment is the defendant’s first appearance in Court. The following events occur:

    1. The defendant is informed of the charges against him or her.
    2. The defendant is advised of his or her constitutional rights.
    3. If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the Court.
    4. The defendant enters a plea of guilty, not guilty or no contest.
      • Not Guilty: The defendant states that he or she did not commit the crime.
      • Guilty: The defendant admits that he or she committed the crime and is in effect, convicted.
      • No Contest:Also known as "Nolo Contendere." The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.
    5. The defendant is released on his or her "Own Recognizance," or the Court sets bail and the defendant is remanded/committed to the custody of the Sheriff.

 

  • Pretrial
  • At the pretrial hearing, there is an exchange of information between the prosecution and the defense known as discovery. Pretrial motions may also be filed before the start of the trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. The defendant may at this point change his or her plea to guilty or no contest.

  • Jury Trial

    Section 1382 of the Penal Code specifies the time periods within which a defendant charged with a misdemeanor must be brought to trial.

    If the defendant is in custody at the time of arraignment, the trial must begin within 30 days (four weeks plus two days) of arraignment or plea, whichever is later.

    If the defendant is not in custody at the time of arraignment, the trial must begin within 45 days (six weeks plus three days) of arraignment or plea, whichever is later.

    If the defendant waives the right to a speedy trial (enters a time waiver or "waives time") or requests/consents to the case being set beyond the statutory periods, the Court must begin the trial within ten days of the day the case is set or continued for trial.

    Before a trial can begin, the attorneys must select a jury. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Appellate Department of the Superior Court.

  • Court Trial

    In lieu of a jury trial, the defendant may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty.

Felony

Felony crimes are punishable by a state prison term or death. Common examples of felony crimes are murder, possession of dangerous drugs for sale, robbery and rape.

The processing of a felony usually follows this order:

  • An arrest is made - police take the defendant to jail. Three things can happen:
    • The defendant is released - no charges are filed.
    • The defendant posts bail/bond or is released on his/her own recognizance ("O.R.") and is scheduled for arraignment.
    • The defendant remains in the custody of the law enforcement agency and is transported to Court for arraignment.

 

  • Arraignment
  • A felony arraignment on the complaint is the defendant's first Court appearance. The following events occur:

    1. The defendant is informed of the charges against him or her.
    2. The defendant is advised of his or her constitutional rights.
    3. If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the Court.
    4. The defendant enters a plea of guilty, not guilty or no contest.
      • Not Guilty:The defendant states that he or she did not commit the crime.
      • Guilty:The defendant admits that he or she committed the crime and is in effect convicted.
      • No Contest:Also known as "Nolo Contendere." The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.
    5. The Court sets bail and the defendant is remanded to custody, or the defendant is released on his or her "Own Recognizance" or "O.R."

 

  • Preliminary Hearing
  • A preliminary hearing is held to determine if there is sufficient evidence that the defendant committed the crime and should therefore be "held over" for trial.

    Once a defendant is "held to answer," the prosecuting agency files a document called the Information. The defendant will subsequently be arraigned on the Information at which time he or she will enter a plea and proceed to trial.

  • Jury Trial

    Section 1382 of the Penal Code specifies the time periods within which a defendant charged with a felony must be brought to trial.

    The Information must be filed within 15 days of the date the defendant was "held to answer" at the preliminary hearing.

    The trial must begin within 60 days of the arraignment on the Information, unless the defendant enters a general waiver of the statutory time requirement or requests/consents to a date beyond the 60-day period.

    Before a trial can begin, the attorneys must select a jury. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Appellate Department of the Superior Court.

  • Court Trial

    In lieu of a jury trial, the defendant may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty.



Fines

If the Court orders a fine, an additional Penalty Assessment may be added to the fine.

Fines may be paid by cash, money order, credit card, ATM or check in the Clerk's Office. You may also pay by mail. To ensure your payment is applied to your case, always write your case number on your check or money order. Please do not mail cash.


Fine Payment Or Community Service Extension

If you have been convicted of a misdemeanor violation, you may request an extension on your fine or community service hours by appearing in the Clerk’s Office on or before the due date of your fine or community service completion. If further extensions are needed, you must appear in Court. No extensions can be given over the phone.


Cash Bail

Cash bail may be applied to a fine at the time of sentencing if the depositor is the defendant or a third-party who signed the bail receipt giving the Court permission to do so at the time of deposit. If the bail amount is refunded, allow 4-6 weeks processing time for the depositor to receive the refund.


Failure To Appear

If you fail to appear in Court as promised/ordered, the Court will order and issue a warrant for your arrest. Further, you may be punished by jail and/or a fine, regardless of the disposition of the original charge (Section 853.7 P.C. OR 1320 P.C.). In addition, the Department of Motor Vehicles may withhold issuance or renewal or your driver's license and may revoke or suspend your driving privilege for Vehicle Code offenses. The prosecuting agency may also ask the Court to add additional charges against you.


Failure To Pay A Fine

If you fail to pay a fine as promised/ordered, the Court may order and issue a warrant for your arrest. Further, you may be punished by jail and/or a fine, regardless of the disposition of the original charge (Section 853.7 P.C. or 1320 P.C.).

Alternatively, upon failure to pay a fine, the Court may apply civil penalties to enforce the monetary conditions of a sentence.


Appeals

For misdemeanor cases, a Notice of Appeal must be filed within 30 days of the date of the judgment or order. For felony cases, a Notice of Appeal must be filed within 60 days of judgment or order. Appeal information and forms may be obtained in the Clerk’s Office at the appropriate Court location. The clerk cannot advise you of any legal issues regarding your appeal or advise you as to the content of any required papers.


Expungement

An expungement is a process by which a conviction or plea (of Guilty or No Contest) in a criminal action is set aside and the case is dismissed. It relieves the defendant of certain penalties and disabilities that result from a criminal action. You may file an expungement petition after you have fulfilled all terms of probation, or have been discharged from the original term of probation, or have not been placed on probation and all your sentence terms have been completed.

The Court costs may be assessed on petitions for expungement. You may file your petition and your proof of service on the prosecuting attorney by mail or in the Clerk’s Office at the appropriate Court location. Your petition will be submitted to a judge and you will be notified through the mail once a decision is made.


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Name Indexing/Search Fees Or To Inquire About A Case

The Clerk’s Office will conduct a name index/name search when requested. Name searches are limited to cases filed within Los Angeles County. Requests for name indexes/name searches may be made in person in the Clerk’s Office or through the mail. Results may be picked up or returned by mail in a self-addressed, stamped envelope.

Please refer to the current Fee Schedule for name index costs, or contact the Clerk’s Office for more information or forms.

Name indexing and case disposition information is not provided over the telephone.

Disposition of cases is not given over the telephone.


Legal Representation

Clerks are prohibited by law from giving legal advice. If you are provided legal assistance through the Public Defender's office, or any other Court-appointed counsel, the Court will make a determination of your ability to pay all or part of the costs. If the Court finds that you can pay, it may make an order for you to pay the costs. This order has the same force and effect as a civil judgment. The Court may also order that you return for additional hearings to determine your ability to pay the cost of a Court-appointed counsel after your case is concluded. If you cannot afford an attorney, the Court will appoint one at the time of arraignment if you qualify.