Criminal

Defendants who plead guilty to a misdemeanor may be sentenced during the arraignment, unless the judge wishes to postpone sentencing in order to study a probation report. During the arraignment, if a defendant pleads not guilty to a misdemeanor, the judge will set the date for a trial. The trial will be held within 30 days if the defendant is in custody or within 45 days if the defendant is not in custody-unless the defendant waives the right to a speedy trial.

If a defendant pleads guilty to a felony at the arraignment, he or she must be represented by an attorney (unless the defendant, in a noncapital case, waives the right to one). After a guilty plea, the judge has the option to keep the case in that court for sentencing or probation or to transfer the case to a superior court. If a defendant pleads not guilty to a felony, a preliminary hearing is held. At this hearing the district attorney must show evidence that the defendant committed a felony and should be brought to trial. If the judge decides there is enough evidence, the defendant will be arraigned a second time in superior court, where the defendant again will be formally charged, rights will be explained, and a plea will be made.

State and local laws define crimes and specify punishment. The maximum sentence for an infraction is a fine; for a misdemeanor it is up to one year in a county jail; and for a felony it is time in a state prison or, for some murders, death. Some counties offer "diversion" programs that allow a judge to order a defendant to get medical treatment or counseling or to do community service work. The diversion program may take the place of a fine or jail sentence in certain types of misdemeanor and felony cases.

Proposition 47, also known as the Safe Neighborhoods and Schools Act went into effect on November 5, 2014. This Act reduces most drug possession offenses and thefts of property valued under $950.00 from felonies to misdemeanors. Persons convicted of theses offenses as a felony may petition/apply to the Court for resentencing as a misdemeanor. Please see the attached forms.

• Proposition 47 Form 500
• Proposition 47 Form 501
• Proposition 47 Form 502

• DUI - Driving Under the Influence
• Hit and Run
• Reckless driving
• Suspended license violations

Minor traffic violations are handled by the Traffic Division which includes but not limited to:

• Minor traffic offenses
• Minor dog offenses
• Minor fish and game license offenses

If you do not appear in court when required, the court can order any or all of the following actions:

1. Order bail posted to insure your appearance forfeited.
2. Order a warrant for your arrest.
3. Order the Department of Motor Vehicles to suspend your driver's license.
4. Add a new violation (Failure to Appear - FTA) to your case. The punishment for this violation can be a jail term of up to six months in jail and/or $1,000 fine. Pursuant to section 1214.1 of the Penal Code, in addition to any other penalty, the court may impose an additional $100 Civil assessment against any defendant who fails to appear in court for any proceeding on a minor offense.

Your warrant remains active until:

1. a police agency arrests you
2. you appear in court, or
3. you post bail

If you post bail for a future court date and fail to appear the court may order your bail forfeited and issue a new warrant for your arrest.

Links below open a new window and link to the California Department of Motor Vehicles (DMV) Web site:

1. General Information
2. Actions Resulting in Loss of License
3. DUI Arrest: DMV Administrative Hearings vs. Criminal Court Trials
4. Alcohol Impairment Charts
5. DMV FAQ

Blood Alcohol Results 

Blood alcohol results are usually included in the police report. However, if blood alcohol results were not available at the time of filing the case with the court, the defendant will be advised of his/her test results at his/her arraignment.