The Judiciary’s function is to provide everyone reasonable access to the courts to solve legal problems fairly and efficiently, determine justly the guilt or innocence of anyone charged with a offense, and translate the regulations and safeguard the rights and protections guaranteed by the Constitutions of California plus the United States. Felony court is where you move when the state believes you may have committed a crime and this files costs against you. The Lawbreaker Court has jurisdiction more than infraction, misdemeanor and crime cases.
The Criminal Court docket conducts trial offers, motions, arraignments, preliminary hearings, probation proceedings, mental well being proceedings, and other types of criminal process. In this article I will be discussing my personal visit to the Orange County Courthouse in Santa Spicilège on Mar 26, 2014 and my own observations with the criminal actions in Division C58.
In the courtroom were the public defenders, the area attorneys, private attorneys, courtroom clerks, a court reporter, a bailiff, a homeowner probation police officer, the assess, in custody of the children defendants, away of custody of the children defendants, race fans in the target audience and when necessary an interpreter.
The defendants had been charged using a variety of diverse crimes which includes petty fraud, drunk in public areas, under the influence of a controlled compound, possession of paraphernalia and more significant crimes which includes possession of a controlled substance for sales, possession of a fireplace arm, commercial burglary, forgery, fraud and counterfeiting along with probation violations.
The judge took the bench by around on the lookout for: 30 am and started with the defendants that were billed with misdemeanor offenses. The judge called each defendant’s name; each defendant would step up towards the podium, the judge in that case gave see of the charges the defendant was getting accused of. On many occasions the judge known as the name of a defendant that was not present, your woman then released an arrest warrant pertaining to the defendant, revoking all their current entente, in some cases a brand new bail was set but the majority of the warrant’s had no pacte amount. For the defendants that were present out of custody the judge could offer the accused a sentence in your essay for the fees and called for the defendant’s plea for the charges.
In case the defendant wished to plead not guilty to the expenses, which frequently occurred, the judge after that appointed the public defender’s workplace to represent the defendant pertaining to thematter. In a number of cases the defendants were charged with a misdemeanor which include under the influence of a controlled substance (HS 11550 a), own paraphernalia (HS 11364), small theft (PC 484 a) and intoxicated in public (PC 647), these defendants presented the region with a test of their DNA, they were required to pay a $75 collection fee and then charges against them had been dismissed.
After the judge accomplished the misdemeanor cases the lady moved on towards the felony situations, which were more complicated. Just like with the misdemeanor cases, the judge would phone the name of the defendant and have all of them step up for the podium, she would then give them notice with the charges against them and have if they were able to find the money for an attorney if they were unable to do so she then would appoint the general public defender’s to represent the defendant.
The cases that I discovered were in a variety of different levels of the felony case proceedings. Theses stages included arraignments, pre trial offers, preliminary experiencing and sentencing. In most of the cases the judge would calendar the case for a even more date. In these cases the accused is informed of their constitutional right to a speedy trial and in order to collection the case for a continuance the defendant were required to agree to waive this correct.
The defendant’s that decided to plead guilty for their charges had been notified with their constitutional legal rights that they would be giving up simply by pleading guilty to the expenses these legal rights included the right to a court trial, all their right to a speedy trial and their directly to confrontation. The judge sentenced the defendant’s to a selection of sentences including fines, restitution, diversion programs, classes, state jail time, examen and express prison. The defendant’s that have been in custody of the children and were sentenced to jail time the judge might notify the defendant of his genuine credits great good time and give the defendant how a large number of credits they had towards their sentence in your essay.
If the defendant’s sentence included probation, the defendant were required to agree to the terms and conditions of their probation as well as the judge examined the rights that they were giving up to get placed on probation, including the directly to own a fire arm as well as the defendant’s search and seizure rights. To conclude, I found my courtroom trip to be wonderful learningexperience. More specifically after browsing courthouse and seeing our criminal proper rights system direct, I feel that I have a greater understanding of the different issues we have been understanding in class such as different periods of the criminal court procedures, the constitutional rights every person has the moment charged with committing a crime and the differing people involved with the criminal tennis courts.
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