Summary of Orange County Justice System - Part II
Continuing the series on the facilities and processes of the justice system in Orange County, CA, this post focuses on what happens during your arraignment and the next steps in the legal process after being arrested.
Preparing for Arraignment
If you have been released on bail before your arraignment, you now have time to decide how you will plead and what legal options to consider for your arraignment. It’s highly recommended that you seek legal representation due to the complexity of the legal process. An attorney can assist with your arraignment, sentencing, and any future hearings or trials if you plead not guilty.
When preparing for your appearance, dress in standard business attire: slacks or a skirt (non-mini), a conservative shirt or blouse, a jacket or sweater, and practical shoes. Avoid clothing with logos or casual fabrics like denim or stretch materials. Aim to look like you’re attending a professional event, such as a church service or a news broadcast. If you’re pleading “not guilty,” you’ll need to maintain this level of attire for any upcoming court appearances.
Hiring an attorney is crucial, and here are several reasons why:
- If you're a first-time offender facing a misdemeanor, your attorney may be able to submit your plea by phone or fax, saving you from needing to appear in person at the arraignment.
- Your attorney acts as a negotiator, evaluating the strength of the prosecution’s case and advising you on the best course of action.
- Attorneys are trained professionals who can file motions, provide legal advice, and work to achieve the best possible outcome for your case.
- If you are a repeat offender, your attorney can advise on “collaborative” court programs available for substance abuse, DUI, or other offenses that may result in supervised probation.
- In the event of a conviction, an attorney can file appeals for misdemeanor charges if you disagree with the outcome.
- If unforeseen circumstances arise, such as being called to active military duty, your attorney can help handle scheduling conflicts.
Handling Outstanding Warrants
If you were arrested due to an outstanding warrant, whether for traffic violations or failure to appear previously, it’s crucial to take action. You could have corrected this earlier by going to the appropriate Justice Center at 8:00 AM to resolve the issue. For assistance, visit the Collections Office at the relevant Justice Center.
Arraignment Appearance
You will be notified of the Justice Center, hearing date, time, and room assignment. Failing to appear will result in a warrant for your arrest, which cannot be rescheduled. Unlike a school test, you cannot retake the arraignment if you miss it.
At the arraignment, a judge will review the available evidence, including officer reports, and make a ruling on your plea. If you plead guilty or no contest, the judge will decide your bail and sentencing, which may include jail time, public service, or fines. Payments for fines and obligations like public service must be completed as instructed, or a warrant will be issued for your arrest.
If you plead not guilty, a hearing will be scheduled to review all the evidence and determine whether a trial is necessary. It is advised to have an attorney present for this process, as representing yourself in such matters can be risky.
Notes on “Pay to Stay” Options
If you’re sentenced to jail time, Orange County offers a “Pay to Stay” option at certain facilities like Fullerton, Seal Beach, and Newport Beach. These facilities charge a daily fee ($100-150 per day) for a less crowded, more comfortable environment compared to traditional jails. While these facilities are not hotels, they are a more manageable option for those who need to fulfill their sentences without disrupting their personal lives or businesses.
Santa Ana is also considering offering a “pay-to-stay” program to help recoup the rising costs of its jail facilities.
Conclusion
Having legal representation is essential for navigating the complexities of the justice system in Orange County. Whether you're facing misdemeanor charges or more serious offenses, an attorney will provide invaluable guidance through the legal process. Be sure to follow all court instructions carefully, as failing to appear or comply with orders can result in serious consequences.
Disclaimer
The materials provided in this blog are for informational purposes only and do not constitute legal advice. The opinions expressed here are those of the author and may not reflect the views of Mr. Nice Guy Bail Bonds, Inc.