If you are looking for information on the process for court-ordered voluntary treatment plans for an individual with an untreated schizophrenia diagnosis or a qualifying psychotic disorder, please refer to the CARE Act page.
Infractions
Violations of some local municipal ordinances, infractions, and minor misdemeanors are addressed in the Traffic and Minor Offense Division of the San Diego Superior Court. These offenses may include Fish and Game, Animal Control, and transit violations (e.g., San Diego Trolley violations). Please refer to the Traffic page for more information.
Misdemeanors
Misdemeanors are generally punishable by a fine and/or a county jail term of one year or less. Sentences can also include probation or participation in court-ordered programs.
Examples of misdemeanor charges include petty theft, prostitution and vandalism (see Penal Codes), drunk driving (see Vehicle Codes) and domestic violence (see Health and Safety Codes).
Misdemeanor processing generally includes a citation is issued or an arrest is made and the defendant is taken to jail. A decision on whether charges should be filed is made by the prosecuting agency (the San Diego City Attorney for misdemeanors in central San Diego, or the District Attorney for misdemeanors in the branch court areas). If no charges are filed, the defendant is released. If charges are to be filed, the defendant may post bail and be released, may be released on his/her own recognizance with date for future hearing or may remain in custody until the court hearing (arraignment).
At the arraignment, the defendant is informed of the charges, advised of his or her constitutional rights, and appointed an attorney, if he or she cannot afford one. A plea is entered:
Not Guilty - he or she did not commit the crime
Guilty - admits that he or she committed the crime
No Contest (Nolo Contendere) - the charge is not contested (same effect as guilty plea)
At the court hearing, bail is set and defendant is remanded to custody or the defendant may be released on their own recognizance.
At a pretrial/readiness hearing, discovery may be exchanged between the prosecutor and defense attorney. Pretrial motions may be filed such as a motion to set aside complaint, dismiss the case, suppress evidence, and the defendant's plea may be changed to guilty or no contest.
There are two types of trials – a jury trial or a court trial. In a jury trial, a jury is selected, opening statements are presented, witnesses may testify, evidence is presented and closing statements are presented. The jury deliberates and delivers the verdict to the court. In a court trial, a judge hears evidence and arguments. If the defendant is found guilty, the case may be continued for sentencing or may be sentenced immediately. If the defendant is found not guilty, the defendant is released.
The defendant may appeal a conviction to the Appellate Division of the Superior Court.
Felonies
Felonies are generally punishable by a sentence of probation, local custody, state prison, or the death penalty.
Examples of felony charges include murder, robbery and rape (see Penal Codes) and possession of dangerous drugs for sale (see Health and Safety Codes).
Felony processing generally includes an arrest is made and the defendant is taken to jail where either:
No charges are filed and defendant is released. A decision on whether charges should be filed is made by the prosecuting agency, the District Attorney’s Office. If no charges are filed, the defendant is released. If charges are to be filed, the defendant may post bail and be released with a future date to appear in court, may be released on his or her own recognizance with date for future hearing or may remain in custody until the court hearing (arraignment).
At the arraignment, the defendant is informed of the charges, advised of his or her constitutional rights, and appointed an attorney, if he or she cannot afford one. A plea is entered:
Not Guilty - he or she did not commit the crime
Guilty - admits that he or she committed the crime
No Contest (Nolo Contendere) - the charge is not contested (same effect as guilty plea)
At the court hearing, bail is set and defendant is remanded to custody or the defendant may be released on their own recognizance.
At the preliminary hearing, the prosecuting agency files an information document and the judge determines if there is sufficient evidence to hold the defendant for trial. The defendant is arraigned on the information and enters a plea.
At a readiness conference, discovery may be exchanged between the prosecutor and defense attorney. Pretrial motions may be filed such as a motion to set aside complaint, dismiss the case, suppress evidence, and the defendant's plea may be changed to guilty or no contest.
There are two types of trials – a jury trial or a court trial. In a jury trial, a jury is selected, opening statements are presented, witnesses may testify, evidence is presented and closing statements are presented. The jury deliberates and delivers the verdict to the court. In a court trial, a judge hears evidence and arguments. If the defendant is found guilty, the case may be continued for sentencing or may be sentenced immediately. If the defendant is found not guilty, the defendant is released.
The defendant may appeal a conviction to the Court of Appeal of the State of California.