Huntington Beach Criminal Court Process

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Criminal Court Process for Los Angeles County California

Navigating the Los Angeles County Criminal Courts

Los Angeles County runs the largest trial court in the United States, with dozens of courthouses spread from Lancaster to Long Beach and from Malibu to Pomona. All of them belong to one institution, the Superior Court of California, County of Los Angeles. California eliminated its municipal courts around 2000 by merging them into a single superior court in each county, so even a misdemeanor filed in the City of Los Angeles is a superior court case, not a “city court” matter. The flagship criminal building is the Clara Shortridge Foltz Criminal Justice Center, 210 W. Temple Street, Los Angeles, CA 90012, named for California’s first woman lawyer and the person who first championed the idea of a public defender. County listings give its felony intake line as (213) 893-0751 and its misdemeanor intake line as (213) 974-1568. Next door to the downtown jails, the Central Arraignment Courts at 429 Bauchet Street, Los Angeles, CA 90012 handle many in-custody first appearances.

Outside downtown, criminal cases are heard in regional courthouses close to where the arrest happened. Some of the major ones:

  • Airport Courthouse, 11701 S. La Cienega Boulevard, Los Angeles, CA 90045 (West District)
  • Van Nuys Courthouse West, 14400 Erwin Street Mall, Van Nuys, CA 91401, and San Fernando Courthouse, 900 Third Street, San Fernando, CA 91340 (San Fernando Valley)
  • Michael D. Antonovich Antelope Valley Courthouse, 42011 4th Street West, Lancaster, CA 93534 (North District)
  • Pasadena Courthouse, 300 E. Walnut Street, Pasadena, CA 91101 (Northeast District)
  • Pomona Courthouse South, 400 Civic Center Plaza, Pomona, CA 91766 (East District)
  • Compton Courthouse, 200 W. Compton Boulevard, Compton, CA 90220 (South Central District)
  • Governor George Deukmejian Courthouse, 275 Magnolia Avenue, Long Beach, CA 90802 (South District)
  • Torrance Courthouse, 825 Maple Avenue, Torrance, CA 90503 (Southwest District)
  • Norwalk Courthouse, 12720 Norwalk Boulevard, Norwalk, CA 90650 (Southeast District)

Many other branch courthouses also hear misdemeanors, so rely on the courthouse and department printed on your citation or bail paperwork, and use the court’s online location finder for directions and phone numbers. Then choose the type of charge below.

Misdemeanor charges (petty theft, a first DUI, simple battery, trespassing)

Who prosecutes a misdemeanor in Los Angeles County depends on the city where it happened. Inside the City of Los Angeles, the Los Angeles City Attorney files the charges. Long Beach has its own elected City Prosecutor, and Santa Monica, Pasadena, Burbank, Glendale, Inglewood, Torrance, Redondo Beach and Hermosa Beach also prosecute their own misdemeanors. Everywhere else, including unincorporated areas patrolled by the Sheriff’s Department, the Los Angeles County District Attorney handles them.

A large share of misdemeanor arrests end with a citation rather than a booking. The person signs a promise to appear and receives a date at the courthouse that serves the area. Someone who is booked, whether at a police station jail or the Sheriff’s Inmate Reception Center downtown, must be arraigned within 48 hours, excluding Sundays and holidays.

At arraignment the defendant hears the charges, usually pleads not guilty and learns the release terms. People who can’t afford a private lawyer and face possible jail are represented by the Los Angeles County Public Defender, the first government-run public defender office in the country, founded in 1914. California courts no longer charge defendants for appointed counsel. Under state law, a defense lawyer can often appear for a misdemeanor client who isn’t present.

Most misdemeanors are settled at pretrial conferences through a plea, a reduction or a dismissal. A judge may grant misdemeanor diversion, dismissing the charge once the person completes counseling, classes or other terms; DUI, domestic violence and offenses requiring sex-offender registration are excluded. Cases that go to trial are decided by 12 jurors, and the defendant can insist on trial within 30 days of arraignment if in custody or 45 days if out, though that time is usually waived.

Most misdemeanors are capped at six months in county jail and a $1,000 fine; some allow up to a year. Summary probation, fines, community labor and classes are the typical outcomes. The whole process usually lasts anywhere from a few weeks to a few months.

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Felony charges (burglary, grand theft, selling drugs, felony DUI)

City prosecutors stop at misdemeanors. Every felony in the county, including those arising in Los Angeles, Long Beach and Pasadena, is filed by the Los Angeles County District Attorney. A defendant held in custody is arraigned on the felony complaint within 48 hours, either downtown at the Central Arraignment Courts or the Foltz center, or at the regional courthouse for the district where the arrest occurred. Release and bail are decided there. Since In re Humphrey (2021), the California Supreme Court has required judges to consider a person’s ability to pay before setting bail.

Indigent defense in Los Angeles has three layers. The Public Defender takes most appointments at arraignment. When it has a conflict, the case goes to the county’s separate Alternate Public Defender, and if that office is also conflicted, the court appoints a private attorney from a contracted panel.

The preliminary hearing comes within 10 court days of arraignment unless the defense waives the deadline. A judge listens to the evidence and decides whether it is enough to hold the defendant for trial. The District Attorney sometimes goes to the county criminal grand jury instead, especially in high-profile cases, which replaces the preliminary hearing. Once a case is held to answer, the DA files an “information,” a second arraignment follows, and trial must start within 60 days unless time is waived. Waivers are the norm, and pleas resolve the great majority of felonies.

The Los Angeles County Probation Department writes a presentence report after a conviction, and sentencing usually occurs within 20 court days. Many lower-level felonies are served in county jail under 2011 realignment, and “wobblers” may be charged or reduced as misdemeanors. The county also operates a broad set of collaborative courts, such as drug, veterans and mental health courts, that can offer treatment-based alternatives for eligible defendants. A felony case usually takes several months and often more than a year.

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Violent and serious felonies (murder, rape, armed robbery)

Many of the county’s homicide and major-crime trials take place at the Foltz center downtown, though regional courthouses try serious cases as well. The procedure is the familiar felony sequence of arraignment, preliminary hearing or grand jury indictment, and trial. Bail is the first place the difference shows. Under article I, section 12 of the California Constitution, a judge can deny bail for a violent or sexual-assault felony on clear and convincing evidence that releasing the person carries a substantial likelihood of great bodily harm to others. Defendants in these cases frequently remain in the Sheriff’s custody until verdict.

These offenses qualify as strikes. A prior strike doubles the sentence, and two prior strikes can bring 25 years to life. For violent felonies, no less than 85% of the prison sentence has to be served.

  • Murder: 15 years to life for second degree; 25 years to life for first degree. With a special circumstance, such as murder during a robbery or rape, the possible penalties are life without parole or death. Seeking death is solely the District Attorney’s decision, and California has been under an execution moratorium since 2019.
  • Armed robbery: robbery carries up to nine years, and a gun enhancement can add 10 years, 20 years or 25 years to life depending on whether the firearm was used, fired or caused great bodily injury. Judges have had authority to strike those enhancements since 2018.
  • Rape: up to eight years, more with aggravating factors, plus sex-offender registration at the highest tier.

Experienced trial lawyers from the Public Defender and Alternate Public Defender handle many of these cases, and two qualified attorneys are appointed whenever the prosecution seeks death. Marsy’s Law guarantees victims notice of proceedings, the right to be heard at sentencing and restitution. Given the investigation, forensic work and expert testimony involved, these cases typically take one to three years, and murder cases often take five or more.

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This summary of how Los Angeles County criminal cases generally proceed is not legal advice. Anyone facing charges should speak with a criminal defense attorney or call the Los Angeles County Public Defender at (213) 974-2811 (the Alternate Public Defender’s main office is (213) 974-6626).

Criminal Court Process for Los Angeles County California

Los Angeles County California Criminal Court System - Definitions

It might be helpful to define some words that will be used on this site, when explaining the California Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.  

If you scroll down below this content, and the listing of the courts in Los Angeles County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.

Arrest is when California, Los Angeles County, or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed. 

In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Los Angeles County court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.

Booking is when the Los Angeles County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation and verification of identity.

The prosecution, sometimes called “the government” or “the people” or “the state” is the side that press the charges and seeks punishment for the offense. These are attorneys that work for the state of California, Los Angeles County or a city or town. The prosecuting attorney for the Los Angeles County or the district is called the District Attorney. A U.S. Attorney prosecutes federal cases.  

Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case.  For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case.  If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime.  Jurisdiction varies from state to state and sometimes county to county.

The process using a grand jury in many states occurs before the arraignment and the citizen jurors recommend what the charges should be.

Arraignment is when a judge determines whether or not the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.

Bail is money paid that is held by the Los Angeles County or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment.

Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in the Los Angeles County jail until their trial.  Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.

A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. Jailors, law enforcement and prosecutors do not have authority to set bail, a judge or court officer in the Los Angeles County or municipal court sets bail. Judges in California rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.

It is always important to have family involvement after being arrested.  Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.  

(There have been phone scams to where a bond company calls and informs a person that their family member has been arrested and they ask for financial information.  A bondsman will not call asking for money without involvement of the arrested.)

A judicial public bond or personal recognizance bond is a bond where someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible to pay the court.  Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance.  

Cash percentage in lieu of bonds.  If the bond order permits, the defendant pays a percentage of the amount, (sometimes up to 100%) to the court, which then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.

Surety Bond is when defendant pays a percentage of the bond amount (usually 10–15%) to a professional bondsman or bail bond company licensed to do business in California. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsman may determine a defendant is a flight risk if they are from a state other than California.

A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted).  Usually, the property must be in Los Angeles County, and it must be worth at least the amount of the bond.

An Unsecured Bond is when the defendant is released without paying bail upfront, but they must pay the full amount if they do not appear in court.

A Secured Bond is when the defendant pays a portion of the bail up front. If they show to court,
They would get the money back and if they don’t show up to court, would have to pay the entire bail amount.

A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest. If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases and certain appeal cases.

In California, the county governments are responsible for funding indigent defense and whether there is a public defender or assigned counsel varies throughout the state.

For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view.

The attached link has a list of pro bono organizations in California.

Many courts will provide forms and help for people who want to represent themselves, called pro se.  Here is a link for legal self-help in California.

A district court can refer to the first level of the legal system, or a minor court. District courts are located in the community.  A district court can also refer to a U.S. Federal District Court that hears federal cases. There are four U.S. federal district courts in California, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.

Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered.  This information does not include conversations between the arrested and their attorney.

Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings.  A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment.  The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty.  There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of more serious criminal related to the crime.  

Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether if the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial.  If a jury is selected, it is called a jury trial.  If the defendant is found non-guilty, they are released.  If they are found to be guilty, the next step is sentencing.

Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.

Appeal is asking for a higher court to hear the case again at an appellate court.  If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.

California Felony vs Misdemeanor

In California, a misdemeanor is punishable by a fine, incarceration for less than one year or both. The defendant is jailed in a city or county jail rather than the state penitentiary.

A felony crime is a more serious crime than a misdemeanor and carries a penalty of over one year in state prison or death. Some less serious felonies in California are punishable by up to 16 months in the county jail.  Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping and identity theft.  

The Los Angeles County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.

A warrant is used to get someone to appear in court or to law enforcement.  There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime. 

A criminal summons is issued to request that a person appear in court at a particular time and date.  It does not involve an arrest.  A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.

A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.

Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Los Angeles County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, have to pay additional fees or even have a warrant for your arrest.  It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket. 

California Criminal Court System - How it Works

Since 1998, municipal and superior courts have been merged into the California Unified Court System. All cases, civil and criminal, regardless of severity are heard in the California Superior Courts. The cases can range from a traffic infraction to murder. There is a superior court in each county.   

This link explains more about juvenile justice in California.

Specialty courts, sometimes called Treatment Courts or Problem-Solving courts are growing in most states as an important way to serve people who would benefit from alcohol, drug and mental health rehabilitative services rather than jail time or fines or other punishments. The court system identifies non-violent candidates who have a willingness to comply with the court’s supervision of their program and for people who are committed to showing up for drug or alcohol testing, counseling and other programs.  This link explains more about California problem solving courts.

The California Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The California State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is question on the state laws or procedures that lead to the appeal.  

The criminal cases are usually referred from the district courts of appeal.

FEDERAL COURT

Federal Court deals with crimes involving violations of United States laws.  Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.  

Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime. 

There are some differences in the Federal court system as compared to the California state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).  

Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.

There are four U.S. Federal Judicial Districts in California.

Courts

LOS ANGELES COUNTY SUPERIOR
111 N HILL ST # 123A
LOS ANGELES CA, 90012
213-830-0800
REGIONAL PLANNING DEPT
320 W TEMPLE ST # 1390
LOS ANGELES CA, 90012
213-974-6411
LEGAL AID FOUNDATION-LOS
1550 W 8TH ST
LOS ANGELES CA, 90017
800-399-4529
L A COUNTY JUVENILE COURT
1601 EASTLAKE AVE
LOS ANGELES CA, 90033
323-227-4399
COUNTY OF LOS ANGELES
1150 N SAN FERNANDO RD # 101
LOS ANGELES CA, 90065
323-226-2932
JUDGE BERG MICHAEL
5624 GREEN OAK DR
LOS ANGELES CA, 90068
323-466-8074
KEITH M CLEMENS COMMISSIONER
269 S BEVERLY DR PMB 382
BEVERLY HILLS CA, 90212
310-839-5757
BODAS CALIFORNIA
8826 OCEAN VIEW AVE
WHITTIER CA, 90605
562-674-8558
NORWALK COURTHOUSE
12720 NORWALK BLVD
NORWALK CA, 90650
562-345-0899
CA CONTRACT CITIES
17315 STUDEBAKER RD # 210
CERRITOS CA, 90703
562-622-5533
LOS ANGELES COUNTY COURT
10025 FLOWER ST # 1
BELLFLOWER CA, 90706
562-804-8238
SUPERIOR COURT-JUVENILE TRFFC
415 W OCEAN BLVD # 20
LONG BEACH CA, 90802
562-491-6105
JUVENILE COURT SVC
201 CENTRE PLAZA DR # 4
MONTEREY PARK CA, 91754
323-526-6703
LA COUNTY SUPERIOR COURT
400 CIVIC CENTER PLZ # 101
POMONA CA, 91766
909-620-3051
MICHAEL D ANTONOVICH ANTELOPE
42011 4TH ST W
LANCASTER CA, 93534
661-974-7484

Search for an Inmate or Active Arrest Warrant in Los Angeles County