[caption id="attachment_174" align="alignleft" width="230"] Map of IN & OUT Bail Bonds and Court[/caption]
General Information for the non-represented.
Most Felonies, some Misdemeanors, and depending on the warrant, require a court appearance.
Rescheduled court appearances will usually be on the calendar, but advances and continuances may not.
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 on calendar and should be, report to the Clerk’s Office for directions. 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 7:30 am Monday through Friday. Show the clerk any case or citation, bail/bond, and/or proof of completed court order paperwork with valid ID.
REMEMBER- the courtroom is the JUDGES domain and they'll always have the last word, so if you want to impress the Judge - be courteous, professional, and mature when answering ONLY the question asked you without your opinion.
Keep your answers short, simple, and to the POINT - the Judge has heard every excuse before.
For courtroom appearances, you should,
Wear appropriate dress attire and shoes;
NO Tank tops, T-shirts, shorts and/or sandals;
NO Food, drinks, tobacco, gum chewing, smoking or vaping;
NO Guns, knifes or any weapons;
NO cell phones, iPads, tablets, or game pads;
Criminal Division
Criminal courts have jurisdiction over infraction, misdemeanor and felony cases. Criminal courts conduct arraignments, criminal readiness, preliminary hearings, trials, motions, sentencing, probation hearings, and Mental Health proceedings.
Criminal Court in San Diego County are in San Diego Central, North County Vista, South County Chula Vista, and East County El Cajon.
Things to remember.
Proper identification (Driver’s License, Social Security Card, picture identification, etc.)
Copy of citation (if applicable), appearance letter, receipts, case documents.
Completion documents that prove compliance with judicial orders and/or sentencing;
Money or credit card to pay for fines and fees.
Don't confuse things by insisting to use a nickname or alias; use what name and spelling is listed on documents related to the case. After which inform the Court of any incorrect name or spelling on documents.
REMEMBER, it’s your responsibility to know your next Court appearance date AND if you fail to appear as promised, understand a warrant will be issued for your arrest and you'll be taken to by JAIL.
Arrest.
Misdemeanor violations:
IF an arrest is made these are potential outcomes:
The defendant is cited and released in the field,
The defendant is taken to jail & released OR (own recognizance),
The defendant is taken to jail & they call IN & OUT Bail Bonds,
The defendant remains in the custody and waits for court..
Felony
Felony violation:
If an arrest is made and the Police take the defendant to jail,
these are possible outcomes:
The defendant is released on OR (own recognizance),
The defendant calls IN & OUT Bail Bonds to post bail,
The defendant remains in the custody until arraignment.
Arraignment
An arraignment is the defendant’s first court appearance.
What can happen:
The defendant is informed of the charges against him or her.
The defendant is advised of his or her constitutional rights.
If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the court.
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. A plea of “nolo contendere” to a felony can be used against the defendant as evidence of liability in a civil suit.
Preliminary Hearing
A preliminary hearing is held to determine if there is sufficient evidence for the judge to reasonably infer 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
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, a jury must be selected. 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 Court of Appeal of the State of California.
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.