By: Gregory Rollins
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Riverside County Misdemeanor Case Process Part 1: Incident Thru Arraignment
Here are 10 steps in the life of a Riverside County misdemeanor case that occur before the arraignment:
- An incident occurs.
- Law enforcement investigates the incident and writes reports.
- A suspect may be arrested after the investigation. If so, the suspect can bail out of custody. If the suspect does not bail out, the District Attorney’s Office has 48 hours (excluding weekends and court holidays/emergencies) to review the case and file charges, otherwise the suspect will be automatically released.
- Law enforcement submits a filing packet containing the incident reports and investigation findings to the District Attorney’s Office.
- The District Attorney’s Office reviews the filing packet and decides whether to file criminal charges, and if so, what charges to file.
- The District Attorney’s Office can send the filing packet back to law enforcement for further investigation before making a filing decision.
- The District Attorney must file charges arising out of the incident within the appropriate statute of limitations for that charge.
- In general, the statute of limitations is one year for misdemeanor charges and three years for felony charges. There are some charges that have longer statute of limitations or no statute of limitations at all.
- Once a misdemeanor criminal case is filed with the court, an arraignment date is set.
- At the arraignment on the complaint, the defendant enters a plea of “guilty” or “not guilty.” The court will also address the issue of bail to make sure bail is sufficient for the charges filed. Unless the court orders otherwise, the defendant is required to be present in court at the arraignment.
- Riverside County Felony Case Process General Overview
- Riverside County Misdemeanor Case Process Part 2: Arraignment Thru Sentencing
Criminal defense attorney and former Riverside County prosecutor Gregory Rollins uses his unique experience and expertise to defend the rights of the accused, provide meaningful legal advice to his clients, and to fight for the best possible outcome for every client in every case. If you or a loved one has been charged with a crime, it is important to make sure that your rights (or those of your loved-one) are protected.
Contact criminal defense attorney and former prosecutor Gregory Rollins to set up a free consultation.