Summary of Orange County Justice System – Part III

Post-Arraignment: Complying with Your Sentence

Overview of Sentencing and Completions

Once you have been arraigned, entered a guilty or no contest plea, and received your sentence, you must now focus on fulfilling the terms of your sentence. For individuals seeking alternative pathways, such as DUI Court or Collaborative Court, these options are discussed in Part V. However, for those continuing with a not-guilty plea, your charges will transition into a "case," and the relationship with the Orange County Justice Centers (Part I) will deepen. Depending on your situation, you may be released on O.R. or be required to wear a tracking device, but you’re far from finished.

The Timeline for Felony Cases

The American Bar Association sets the following standards for felony cases:

• 90% resolved in 120 days
• 98% resolved in 180 days
• 100% resolved in 365 days

In California, a felony trial must be scheduled within 60 days of arrest or indictment.

Pre-Trial Hearing

A pre-trial hearing is crucial for both the prosecution and defense to disclose evidence. It’s during this hearing that the judge will decide whether the case will proceed to trial. This is also an opportunity for plea agreements to be proposed to avoid the time and cost of a jury trial. A plea agreement may involve a reduction in charges or sentence, such as turning a misdemeanor charge into an infraction, which carries a fixed fine and possibly probation.

If you are pursuing a full acquittal, it is essential to have strong legal representation. Without compelling evidence or a solid defense, the judge may dismiss the case or proceed with trial.

Preparing for Trial

If your case moves to trial, you’ll need to be prepared. Keep your "church clothes" ready, and make sure your attorney or public defender has gathered all necessary evidence. This includes witness lists, documentation such as bank transactions, and other pieces of evidence supporting your case. You or your attorney will need to file paperwork to subpoena witnesses and introduce records into evidence.

Key Points to Remember:

• The prosecution has the burden of proof, meaning they must prove you’re guilty.
• The defense's role is to create reasonable doubt in the prosecution's case.
• The cost of the trial will be borne by the losing party, along with any sentencing fees, fines, and restitution.

It is crucial to show up at the Orange County Justice Center as required, every day of your trial, as missing a day could jeopardize your case.

Understanding Collaborative Court Programs

Orange County offers specialized programs designed for first-time offenders or individuals who show remorse and a willingness to change. Programs like Drug and Substance Court, DUI Court, and Recovery Court focus on rehabilitation rather than punishment. Participation in these programs can potentially reduce charges or shorten jail time, provided you follow all rules and actively participate.

Types of Collaborative Courts:

• Drug and Substance Court
• DUI Court
• Recovery Court (requires clinical diagnosis)
• Veterans Court

These programs may be available through the Justice Centers or approved private facilities. However, signing up for these programs without active participation will lead to being removed from the program and facing traditional sentencing.

Addiction and Health Insurance Coverage

For those dealing with addiction, participation in a rehabilitation program may help reduce penalties. Many health insurance plans, including those through employers, cover substance abuse treatment. If you or a loved one is struggling, consult your insurance policy to determine what treatment options are available.

Key Timelines for Substance Withdrawal:

• Alcohol: 4 days to exit system, with withdrawal symptoms like tremors and anxiety.
• Methamphetamine: 2 days to exit, with symptoms of depression and dehydration.
• Opiates: 6 to 10 days to exit, with withdrawal symptoms including pain, sweating, and anxiety.

Substituting one addiction for another is a common risk during recovery, but it’s essential to remain committed to sobriety to avoid further issues.

Conclusion: A Path to Recovery

Arrests and trials are often a long, difficult journey. However, many individuals in similar situations have successfully navigated this process and turned their lives around. If you face serious charges, participating in rehab or counseling may offer a chance to rebuild your life and avoid further legal consequences.

Remember, the process may seem overwhelming, but taking steps towards rehabilitation and recovery can help both your legal situation and your personal well-being.