Summary of Orange County Justice System - Part II
Continuing … ongoing information pieces on the facilities and processes of the justice system at work in Orange County CA as the workings apply to arrested parties.
Prepare for Arraignment
If you were released on bail prior to arraignment, you have had some time to consider what your plea to your charges will be, and now need to consider your legal options for your arraignment appearance. Seeking an attorney for your representation is in your best interest due to the legal process involved. The phases of arraignment and sentencing await you, and beyond that a hearing and trial if you decided to enter a not-guilty plea.
Check your closets and find standard business attire: slacks or skirt (non-mini), conservative shirt or blouse, jacket or sweater, practical shoes. If you don’t own anything that doesn’t have a logo or statement printed on the front or isn’t made of denim, camouflage, netting or stretch fabric, you should probably consider borrowing or investing in something that 1) fits well and 2) cleans up easy. Plan on appearing as would if you were attending a church service or broadcasting the news. If you are pleading “not guilty,” you’ll need to plan to look like that at least three more times in the court.
Go shop for legal practice that specializes in criminal law, there are usually several qualified attorneys within the firm. Here are some reasons for retaining (hiring) an attorney’s services:
- For a first time offender facing a misdemeanor charge, an attorney has options for entering your plea by phone or fax, so you can save your “church” clothes for the real event (if you plead not guilty)
- Your attorney is your negotiator, and can evaluate the strength or weakness in the prosecution’s case and can advise you appropriately
- Your attorney is a trained professional who can file all the appropriate paperwork (motions) and give you sound advice to achieve the best possible result for your case
- Your attorney can advise you of options that improve your punishment disposition (sentence) as there are “collaborative” court programs for repeat offenders for substance abuse, DUI, vagrancy, and other pattern arrests that indicate a need for supervised probation
- Your attorney can file appeals for misdemeanor or other charges in the event that you disagree with the out-come and the case will be reviewed by a higher court
- Your attorney can handle schedule conflicts that may arise in the case that you are called to active Military Duty or another documented incident arises
If you were arrested on an outstanding warrant, for traffic or previous failure to appear, you knew this was coming, and you could have easily shown up at 8:00am at your applicable justice center (see Part I) to start the process of correcting it. Check with the Collections Office at the applicable justice center and clear the problem.
If you are incarcerated, you will be transferred to the Justice Center holding facility to complete that countdown to waiting the 48 hours (excluding weekend days and holidays) for your arraignment. Because of your circumstances, they do not expect you to have ready access to a wardrobe.
One alternative exists in the Central and North Justice centers only, you may choose to be arraigned on video in answer to the charges and this may expedite your release for the moment but you still must appear for sentencing or your hearing.
Regardless, you, your attorney or public defender and your designated Justice Center will all become familiar during the process. Having an attorney can streamline the arraignment appearance by their ability to submit your plea to misdemeanor charges by facsimile (fax) or by acting as your proxy (the authority to speak on your behalf) in matters like rescheduling the hearing phase or filing for changes in your plea.
Arraignment Appearance
You will be notified of your Justice Center, hearing date, approximate time, room assignment and you are required to appear. Missing this date will result in a warrant for your arrest; this is not like a school test that you can retake even if you prove illness or emergency on the day of the test.
There will be no jury to hear the finer points of your argument, only the judge, who reviews the evidence that exists in the form of officer reports and what instrumental inputs supply the case. It is the judge’s decision to rule on the plea, the charges that the prosecutor and public defender, attorney, or you resolve on accepting. When you enter a plea of guilty or no contest, the judge will determine bail and sentencing (jail time, public service, fines). You can make payments for settling your fines and will be held accountable for anything else that you agree upon. If you are assigned to perform public service by a specific date, you must complete it. If you agree to extended payments on your fines, you have to make the payments. Jail time (when assigned) can be fulfilled through “pay-to-stay” programs at nicer facilities if you have the resources to do so. Failure to comply with any portion of your sentence will result in a warrant.
If you enter a Not Guilty plea, a hearing date will be scheduled for reviewing all the evidence of the case and determining whether or not trial is reasonable. While you may defend yourself, it is advised you don’t take this step without an attorney. Again, when the hearing is scheduled, you must appear, and for all ongoing activities regarding the case until it is complete.
Notes on “Pay to Stay” Sites in Orange County
Serving your Jail time can be done in the OCSD or if you have the resources, Fullerton, Seal Beach and Newport Beach offer the “Pay to Stay” arrangement, where you technically are incarcerated for the number of days in your sentence (non-contiguous). The startup fees run approximately $150 of which none is refundable, and daily rates ($100-150 per day) differ for each facility and are dependent on the days requested. Example, weekends (where it’s most popular for serving time) cost more than staying on weekdays. These are not hotels by any stretch of the imagination, but they are less crowded and most notably less menacing. For people who have job responsibilities or own a business, serving jail time in this manner permits the sentence to be served “in pieces” without denying your livelihood or further disruption to your home.
Santa Ana has a jail, separate from OCSD and is considering offering pay-to-stay in order to recoup the rising cost of building the jail facility in the 1990’s. While it is a newer building than OCSD Central Jail, it would still need something like a personal chef or caterer to make it stand as a $100 per night option. The generic experience might very well be the same as what you could get through the OCSD for free but without the ability to check in or check out.
Disclaimer:
The materials available on this web site are for informational purposes only and not for the purpose of providing legal advice. Any opinions expressed at, on or through this site are the opinions of the author and may not be of the opinions reflected by Mr Nice Guy Bail Bonds, Inc.
