Arrest

What it means: when a person is taken into custody by law enforcement.

What happens: the arrested person is booked into jail, which includes getting fingerprinted and photographed. The law enforcement agency sends information to the district attorney, who will decide whether there is sufficient evidence to present the case to a judge or jury. After booking, a judge determines if the person is released or detained. There are 3 options:

1. The person may be “Released on Recognizance” (ROR)

2. The person may be released on bond (also called bail), which is money paid to the court to ensure the person returns for a future court date

3. The person may be detained in jail

What you can do:

• Document the incident

• Begin attending Participatory Defense meetings and collecting information in the Case Information and Goals Worksheet

• Begin working on a social biography (the attorney my call this a “mitigation packet”) to argue for pretrial release (community ties, proof of employment, school, health issues, family responsibilities, etc.)

Arraignment

What it means: the first court proceeding

What happens: a judge or court commissioner reads the formal charges and explains the defendant's right to an attorney. The defendant then enters an initial plea of guilty, not guilty, or no contest. The judge determines one of four outcomes:

1. Charges can be dismissed if there is insufficient evidence; then the person is released

2. Person can remain on ROR and the case will continue on to court

3. Begin bond process or stay on bond

4. Person is detained in jail

When a person pleads not guilty, a date is set for trial.

What you can do:

• Show up at court and take notes

• Arrange a meeting with public defender

• Find out the charges. Begin building social biography to mitigate charges.

• Get a copy of the police report and begin to document inconsistencies

Preliminary Hearing

What it means: judge decides whether there is enough evidence to force the defendant to stand trial.

What happens: prosecutors present evidence to show probable cause that defendant may be guilty of the charges.

What you can do:

• Show up at court and take notes

• Bring family, friends, and community members to help observe, take notes, and demonstrate support for the defendant

• Continue building social biography

Plea Deal

What it means: when the defendant agrees to plead guilty or "no contest" (nolo contendere) to certain charges in exchange for the prosecutor dropping one or more charges, reducing a charge to a less serious offense, and/or recommending to the judge a specific sentence acceptable to the defense.

What happens: the defense attorney and the district attorney negotiate a deal that enables the defendant to plead guilty to a lesser charge in exchange for the prosecution’s promise to recommend a shorter sentence. In most cases, the judge is free to impose any sentence the law allows, no matter the recommendation from the prosecution. The defendant forgoes their right to trial by jury.

What you can do:

• Meet with attorney to share notes and discuss status of case

• Point out inconsistencies/contradictions between police report and preliminary notes and raise questions

• Continue building social biography

Trial

What it is: a formal examination of the evidence to determine whether the defendant is guilty of the charges.

What happens: the prosecution and the defense present evidence and question witnesses. Usually the trial is in front of a jury, but some defendants opt for a bench trial before the judge only. If the defendant is found innocent, they are released. If the defendant is found guilty, the judge will set a date for a sentencing hearing.

What you can do:

• Meet with attorney to discuss the approach to trial (witnesses, experts, testimony)

• Get copies of any new discovery and review for inconsistencies

• Continue to bring family, friends, and community members to court to help observe and take notes. Share notes with attorney.

• Give copies of the social biography to the defense attorney for distribution to the judge and prosecution.

Sentencing

What it is: when the judge determines what sentence the defendant will receive.

What happens: before the judge determines the sentence, the attorneys reiterate their case and the court may hear statements from the victim(s) and their family members and/or from the defendant(s) and their family members.

What you can do:

• Give copies of the social biography to the defense attorney for distribution to the judge and prosecution.

• Meet with attorney to discuss sentencing strategies and how to promote alternatives to incarceration

• Ask attorney about potential motions

• Line up and prepare witnesses to testify about character, current and future prospects, and impact of incarceration on family, friends, and community

Appeal

What it is: when someone who loses a case in a trial court asks a higher court (the appellate court) to review the trial court's decision. The appeal is NOT a new trial. No new evidence can be presented.

What happens: In an appeal, the appellate court will review the trial court record to decide if a legal mistake was made in the trial court that changed the outcome of the case. The side that appeals (the appellant) can ask the appellate court to decide if certain kinds of legal errors (mistakes) were made: Prejudicial error: This kind of error is a mistake about the law or court procedures that causes substantial harm to the appellant. Prejudicial error can include things like mistakes made by the judge about the law, incorrect instructions given to the jury, and errors or misconduct by the lawyers or by the jury. The mistakes must have harmed the appellant. No substantial evidence: The appellant can ask the appellate court to determine if there was no substantial evidence that reasonably supported the trial court's decision.

What you can do:

• Compile all notes in preparation for appeal

• Make a list of key observations from the case that you felt were the major issues

• Make sure your attorney prepares the notice for appeal