Legal Question in Criminal Law in California
Hello. I have pending criminal felony charges against me. My preliminary is scheduled for next month. I have been informed by a lawyer on this website, which is great information, that another arraingment will take place on "information."
What exactly is "information." Will additional charges be filed or charges removed? Is there a possibility that I could be arrested?
My understanding of the 1st arraignment is that the pending charges were filed against me and the court decided the bail.
Also, what take place after this 2nd arraignment on "information."
Thank You
2 Answers from Attorneys
The procedure for felony cases, where there is no grand jury finding, is in two distinct steps. The first step is the arraignment before a magistrate. This followed by a preliminary examination. At the preliminary examination the prosecution must produce evidence that a reasonable person would have a strong belief that a crime had been committed and that the defendant committed. (The magistrate is a superior court judge sitting as a magistrate.) After the preliminary examination the magistrate makes findings that there is sufficient cause for the defendant to be bound over to superior court for trial. At that time the magistrate may decide that the evidence justifies an increase in bail The prosecution then prepares a new complaint that may contain additional charges, based on evidence produced at the preliminary examination. At the arraignment the judge may at the request of the district attorney request that bail be increased. You should be discussing these questions with your attorney. This forum is not designed to provide a complete answer to questions such as this question.
I agree with Mr. Johnson. Additionally, between arraignment and the preliminary hearing there are some very important steps (and usually some additional court dates). Most important is discovery. This is the process by which the prosecutor turns over all the evidence they have against you. During this period is typically where a lot of the negotiation happens to have charges reduced and/or dropped. I would recommend you seek a local attorney to represent you as felony charges stay with you and typically affect people's lives and job prospects for many years. I practice in Orange County and have represented clients in multiple Orange County criminal courthouses.
Please let me know if I can be of further assistance.