Public Defender › Know Your Rights

Know Your Rights

If you are taken into custody when you are arrested, law enforcement may want to talk with you about your case. Before questioning you, the police must tell you the following (often referred to as a Miranda advisement):

You have the right to remain silent
Anything you say can and will be used against you in a court of law
You have the right to talk to an attorney and to have an attorney present before and during questioning
If you can't afford an attorney, one will be appointed free of charge to represent you if you desire

Do not talk to law enforcement about your case. Tell law enforcement that you do not want to talk to them about your case and that you want an attorney. Then, say no more. You are entitled to a phone call.

However, except for attorney calls, your jail phone calls are recorded! Do not discuss the case, or anything related to it, with anyone other than your attorney. Likewise, your jail visits can be audiotaped.

Initial Arraignment

Your very first court date in a criminal case is your arraignment, where you find out what you are charged with and what rights you have. The District Attorney and your defense attorney, if you have hired one, will be there. If you cannot afford an attorney, the Judge will appoint an attorney from our office to represent you. You have the right to a language interpreter if you need one. The attorney will be given a copy of the charges in a document which is called the Complaint. Your attorney will have an opportunity to meet you and briefly discuss your case and your history. In certain circumstances, the judge may address bail or any other conditions of your release. Together you will decide how to best proceed with the case, including what plea to enter and when to schedule your future court date.

Future Court Dates

Your future court dates will depend upon whether you give up your speedy trial rights to have your preliminary hearing or trial start by a deadline. This is called “waiving time.” The decision whether to waive time is a strategic question which should be made after a discussion with your attorney.

Felony charges:

Both you and the prosecution have the right to a preliminary hearing on a felony within 10 court days of the arraignment or plea, whichever is later. Court days are business days when the Court is in session. Even if you “waive” that 10 days, or if there is good cause to go beyond that 10 days, you have a right to a preliminary hearing within 60 days. Penal Code Section 959(b).

The purpose of a preliminary hearing is for the judge to decide whether there is probable cause to believe that you committed one or more of the charged crimes. The judge does so after hearing evidence presented by the District Attorney and in rare occasions, the defense. If following the preliminary hearing the judge decides there is enough evidence for the case to move to trial as a felony, a future date will be set within 15 days for an arraignment prior to trial. At that arraignment, the District Attorney files charges in a document called an Information.

Misdemeanor charges:

Both you and the prosecution have the right to have your trial start on a misdemeanor within 45 days of your arraignment or plea, whichever is later. If you are in custody, your trial must start within 30 days. Penal Code Section 1382.

Case Preparation

Remember, do not talk to anyone about your case other than your attorney or a professional working with your attorney, such as a Public Defender Investigator, expert, or social worker. If you talk to other persons, they may later be forced to testify against you. That includes your family and friends.

Your attorney will want to talk to you about the case. To help your attorney prepare for your first interview, please have the following information available to you:

The names, addresses, telephone numbers, and email addresses for all witnesses.
The names, addresses, telephone numbers, and email addresses for people who can tell the Court something favorable about either the facts of the case or about you personally.
A list of any questions or concerns you have. Writing them down will help you remember them.

Change of Plea or Trial Setting

At any point during this process, the District Attorney may make an offer for a “plea bargain” in the case. In exchange for your plea of no-contest or guilty to charge(s), the District Attorney will agree to dismiss other charges or agree to reduced penalties against you. Your attorney must tell you about any offers the District Attorney makes. It is your decision, after consulting with your attorney, whether to accept any offers. Remember, if you agree to a plea bargain, you are giving up the right to make the District Attorney prove to a jury of 12 people that you are guilty of the crimes that they have charged you with. For further information about jury trials, please see below.

Trial

You have a right to have 12 members of the community listen to the evidence and decide whether you are guilty of the charges beyond a reasonable doubt. This is called a Jury Trial. For felony cases, the trial is required to begin within 60 days of the filing of the Information. If you so choose, you can also ask the judge to decide, which is called a Court Trial. Trials can last for a few days or many weeks. You should plan to be present in court with your attorney during the entire trial.

To decide who is on the jury, the District Attorney, your attorney, and the Judge get to ask potential jurors questions to make sure they can be fair. This is called voir dire.

Both before and after the evidence, the District Attorney and your attorney will talk to the jury. In an opening statement the attorneys give an overview of their cases and what evidence they will present. The prosecution, followed by the defense, then present their evidence. In a closing statement the attorneys get to argue why the jury should vote to adopt their respective positions.

Sentencing

If you are convicted of a crime because of a plea bargain or a trial, the judge will sentence you. Sentencing can include a combination of many things, depending upon the charges, the facts involved, and your personal history. Typical sentences may include:

Confinement time in a jail or prison (prison is limited to felony convictions)
Jail alternatives, such as Electronic Home Confinement or Work Release
Probation Orders, which can be informal, such as “obey all laws” or formal, such as “follow the instructions of your Probation Officer”
Counseling, educational, or treatment programs which help you successfully complete probation
Restitution which helps pay back anyone harmed in the case and other fines as required by law
Protective Orders which may require you to stay safely away from particular people or locations

Please be certain you understand all the terms of your sentence so you can comply with them. We recommend you keep a journal or personal record of your requirements so that you can track your accomplishments. Ask your attorney to explain anything that seems confusing.