CRIMINAL COURT, SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
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Description: Criminal cases range from relatively minor offenses such as traffic infractions to serious ones like robbery and murder. The state makes the charge against someone accused of committing a crime because a crime is considered an act against society. The prosecuting attorney presents the charge against the accused person (defendant) on behalf of the state (plaintiff), and must prove to the judge or jury that the defendant is guilty beyond a reasonable doubt.
A Felony is a criminal offense punishable by imprisonment in a state prison or by death.
A Misdemeanor is a lesser offense than a felony and generally is punishable by fine or imprisonment in a city or county jail rather than in a state penitentiary.
An Infraction is resolved by paying a fine.
A criminal case begins when a prosecutor files formal charges, a person is arrested, or a grand jury issues an indictment. If a defendant, the person accused of a crime, is in custody, he or she has the right to an arraignment within 48 hours of being arrested. At this hearing the judge will officially tell defendants about their constitutional rights and explain the charges against them. Also, bail (property temporarily given to ensure that a person released from custody will return at an appointed time) may be raised or lowered. The defendant will be asked to plead to the charges against them: guilty, not guilty, or, in some cases, nolo contendere (the person does not contest the charges, which legally is the same as a guilty plea).
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