Overview of Services - Criminal

Criminal Division - Overview of Services

The Superior Court has criminal jurisdiction over infractions and misdemeanors (offenses generally punishable by a fine and/or county jail term), and felonies (offenses punishable by county jail or state prison term).  The Court conducts an Arraignment calendar, where accused individuals are informed of the specific charges being brought against them by the District Attorney, and are advised of their constitutional rights. (The Court does not bring charges against individuals.  The Office of the District Attorney, and in some cases the state Attorney General, brings charges, drops charges and/or dismisses actions against individuals).  The Court holds preliminary hearings on felony charges to determine if there is sufficient evidence to require a defendant to stand trial. 

What to Bring to Court

• Proper identification (Driver's License, Social Security Card, picture identification, etc.)
• Copy of citation
• Appearance letter
• Any receipts regarding the case - bond receipts, cash bail receipts, etc.
• Jail release papers
• Any documents which prove compliance with judicial orders and/or probation terms 
• Money or credit card to pay for fines and fees

Other Helpful Information

• Do not use any nickname or alias; use the same spelling as listed on documents related to the case, and ensure spelling listed on documents is correct - if they are not, advise the Court.

WARNING: If you fail to appear in Court as promised, you may be arrested and punished by JAIL TIME and/or A FINE.

What Happens in a Misdemeanor Case

Misdemeanors are primarily offenses with a maximum punishment of a $1,000 fine and a county jail term of 1 year or less. However, there are some offenses which exceed this general criteria; for example, spousal abuse can carry a higher maximum fine. Examples of a misdemeanor violation are: shoplifting (depending upon the value of merchandise), prostitution, vandalism, and driving under the influence.

The processing of a misdemeanor is as follows:

• An arrest is made and police take the defendant to jail (or release on signed citation in the field). If the defendant is arrested and given a date to appear in court, three things can happen:
  1. Defendant is released. No charges are filed .
  2. Defendant posts bail OR is released on his/her own recognizance and is scheduled for arraignment.
  3. Defendant remains in the custody of the Sheriff/law enforcement agency and is brought to court for arraignment.
• Arraignment & Plea - Defendant is brought to court

1. Defendant is informed of the charges.
2. Defendant is informed of his/her constitutional rights.
3. An attorney may be retained by the defendant. If the defendant wishes to have an attorney but cannot afford one of his/her choice, the Court may appoint one.
4. Bail is set by the Court. Defendant is released on own recognizance, or remains in custody if unable to post bail.
   
   Or
5. Defendant enters a plea: guilty, not guilty, no contest.
   Not Guilty - The defendant states that he/she did not commit the crime. The case is set for a future date.
   Guilty - The defendant admits that he/she did commit the crime.
   No Contest -  The defendant will not contest the charge. It has the same effect as a guilty plea except that the conviction cannot be used against the defendant in a civil suit.
   The case is resolved at time of arraignment. This will include any fines/fees and court-ordered programs imposed by the judge.

• Pre-Trial Proceedings (upon Not Guilty plea)
  
  Discovery is exchanged.
  Motions may be filed to set aside the complaint, to dismiss the case, or to suppress evidence, etc.
  Defendant may change his/her plea to guilty or no contest.
• Jury Trial
  
  Jury is selected.
  Witnesses testify.
  Jury decides if the defendant is guilty or not guilty.
  
  If not guilty:
  The defendant is released and cannot be tried again for the same crime.
  
  If guilty:
  The defendant is sentenced to Jail/Probation/other conditions.
  Appeal - The defendant can appeal to the Appellate Division of the Superior Court.

• Court Trial
  
  Witnesses testify.
  Judge decides whether the defendant is guilty or not guilty.
  If not guilty, the defendant is released and cannot be tried again for the same crime.
  
  If guilty:
  Sentenced to Jail/Probation/other conditions.
  Appeal - The defendant can appeal to the Appellate Division of the Superior Court.

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Driving Under the Influence

• 1st offense:
  
  Maximum punishment of a fine as prescribed by statute, county jail term of 48 hours, 36 months of informal court probation, driver's license suspension, and the Level 1 "Driving Under the Influence" program.

• 2nd offense:
  
  The second or greater offense has a maximum punishment of a fine as prescribed by statute, county jail term of up to 10 days, 36 months informal or formal probation, suspension of driver's license and enrollment in the SB38 program.  (There may be other factors that would require more than a 10-day sentence.)

     
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What Happens in a Felony Case

• Arrest
  
  1. Police take defendant to jail to be booked.  Defendant remains in custody and is brought before the court for arraignment.
  2. If no charges are filed, the defendant is released.
  3. If the defendant posts bail or is released on his/her "own recognizance" (O.R.), which means that the defendant is bound by a promise to appear, and an arraignment date is scheduled.

• Arraignment
  
  1. Defendant is brought to court (or appears if out of custody).
  2. Defendant is represented by a retained attorney or an attorney is appointed if needed.
  3. Defendant is advised of his/her constitutional rights.
  4. Bail is set or defendant is released on his/her "own recognizance".  

• Preliminary Hearing
  
  1. Witnesses testify.
  2. If the judicial officer finds insufficient evidence, the defendant is released.
  3. If the judicial officer finds sufficient evidence, the defendant is held to answer in the criminal trial department.

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Criminal Division Address and Telephone Numbers

Criminal Division
800 11th Street, Room 140
P.O. Box 828
Modesto, CA 95353
(209) 530-3100

Clerk's Office Hours are 8:00 a.m. to 2:00 p.m. 

Fed Ex, Airborne Express, etc Deliveries:
800 11th Street, Room 100
Modesto, CA 95354

Where Do I Pay Fines Ordered By the Court?

Revenue Recovery
1010 10th Street, Ste. 2500
P.O. Box 859
Modesto, CA 95353
(209) 525-4450

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