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 cases in San Diego County are heard in the Central, North County, South County, and East County courthouses.

What to Bring to Court

• Proper identification (Driver's License, Social Security Card, picture identification, etc.)
• Copy of citation
• Appearance letter
• Any receipts regarding the case- bond receipts, cash bail receipts, etc.
• Jail release papers
• Any documents which prove compliance with judicial orders and/or sentencing
• Money or credit card to pay for fines and fees
• Do not use any nickname or alias; use the same spelling as listed on documents related to the case, and ensure spelling listed on documents is correct - if they are not, advise the Court.
  
• WARNING: If you fail to appear in Court as promised, you may be arrested and punished by JAIL AND/OR A FINE.

Infractions

Infraction crimes are not punishable by imprisonment. A person charged with an infraction is not entitled to a trial by jury, and is not entitled to be represented by court-appointed counsel at public expense unless the person is held in custody. The most common infractions are vehicle moving violations, which are typically charged/filed on traffic citations.

Infraction violations may not require a court appearance and can be processed in the Clerk's Office. However, if a defendant wishes to appear in court, he or she may schedule a court date to appear for arraignment and/or court trial. A defendant who has doubts if a court appearance is requred, should contact the court to be sure.

Misdemeanor

Misdemeanor crimes are generally punishable by a maximum base fine of $1000 (not including fees and assessments) and/or a county jail term of one year or less. However, some offenses exceed these general criteria; for example, spousal abuse can carry a $6000 maximum fine. Common examples of misdemeanor violations include petty theft, prostitution, vandalism, and drunk driving.

The processing of a misdemeanor usually follows this order:

• An arrest is made - police take the defendant to jail. Three things can happen:

  • The defendant is released - no charges are filed.
  • The defendant posts bail/bond or is released on his or her own recognizance ("O.R.") and is scheduled for arraignment.
  • The defendant remains in the custody and is transported to court for arraignment.

• Arraignment

  The misdemeanor arraignment is the defendant's first appearance in court. The following events occur:

  1. The defendant is informed of the charges against him or her.
  2. The defendant is advised of his or her constitutional rights.
  3. If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the court.
  4. 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, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.
  5. The defendant is released on his or her "Own Recognizance," or the court sets bail and the defendant is remanded/committed to the custody of the Sheriff.

• Pretrial/Readiness

  At the pretrial hearing, there is an exchange of information between the prosecution and the defense known as discovery. Pretrial motions may also be filed before the start of the trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. The defendant may at this point change his or her plea to guilty or no contest.

• Jury Trial

  Section 1382 of the Penal Code specifies the time periods within which a defendant charged with a misdemeanor must be brought to trial.

  If the defendant is in custody at the time of arraignment, the trial must begin within 30 days (four weeks plus two days) of arraignment or plea, whichever is later.

  If the defendant is not in custody at the time of arraignment, the trial must begin within 45 days (six weeks plus three days) of arraignment or plea, whichever is later.

  If the defendant waives the right to a speedy trial (enters a time waiver or "waives time") or requests/consents to the case being set beyond the statutory periods, the court must begin the trial within ten days of the day the case is set or continued for trial.

  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 Appellate Department of the Superior Court.

• Court Trial

  In lieu of a jury trial, the parties 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.

Felony

Felony crimes are punishable by a sentence to state prison term or death. Some examples of felony crimes are murder, possession of dangerous drugs for sale, robbery and rape.

The processing of a felony usually follows this order:

• An arrest is made - police take the defendant to jail. Three things can happen:
  1. The defendant is released - no charges are filed.
  2. The defendant posts bail/bond or is released on his/her own recognizance ("O.R.") and is scheduled for arraignment.
  3. The defendant remains in the custody of the law enforcement agency and is transported to court for arraignment.

• Arraignment

  A felony arraignment on the complaint is the defendant's first court appearance. The following events occur:

  1. The defendant is informed of the charges against him or her.
  2. The defendant is advised of his or her constitutional rights.
  3. If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the court.
  4. 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.
  5. The court sets bail and the defendant is remanded to custody, or the defendant is released on his or her "Own Recognizance" or "O.R."

• 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

  Section 1382 of the Penal Code specifies the time periods within which a defendant charged with a felony must be brought to 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.

Appearance Information

Misdemeanors, felonies and warrants require a court appearance. Prescheduled court appearances will be on the calendar. Advances and continuances may not be included. Please 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 listed on the calendar and should be, report to the Clerk's Office for additional information. 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 8:30 a.m., Monday through Friday. Present the clerk with any relevant paperwork/information, such as case number, copy of citation, bail/bond receipt, driver's license number and/or proof of compliance of a court order.

If you need record checks, have already been sentenced and are due to pay a fine or show proof of program completion, are filing motions or have other court business, you may appear in the Clerk's Office during normal business hours.

If you are requesting information regarding a defendant who has been brought to court in custody, please make your inquiry in the Clerk's Office. Please have the defendant's name, date of birth and booking number or arresting agency ready.

For courtroom appearances, the following rules are enforced:

• Shirt and shoes are required in the courtroom.
• Tank tops and T-shirts are NOT allowed in the courtroom.
• Food, drinks, and gum chewing are NOT allowed in the courtroom.
• Weapons are NOT allowed in the courthouse.
• Pagers and cell phones must be turned off.