Los Angeles County Court System

The Los Angeles County Superior Court handles all criminal matters that are charged under California statutes, as well as Los Angeles County and Los Angeles City and other municipality ordinances. Federal law violations are handled in Federal district court and on the appellate level, handled in the Ninth Circuit Court of Appeals. Los Angeles County Superior court has about 36 courthouses across the county, 25 handle criminal matters.

In Civil cases, the parties are disputing about money, property, or sometimes parental rights.

In Criminal cases, it’s about whether somebody has violated the law. Consequences could include custody, jail, or prison. You can seek legal assistance on your own or have the court appoint one to you if you can’t afford one. Anyone charged with a felony or misdemeanor is entitled to a court appointed counsel. The organizations that can provide criminal representation for people who can’t afford a lawyer are: the office of the Public Defender of Los Angeles County and the Alternate Public Defender.  The defense lawyer’s job is to make sure that a defendant’s rights are respected, and do everything within their legal right and ethical bounds to secure the most favorable outcome. Sometimes That’s going to trial or negotiating a favorable disposition. If someone wishes to represent themselves, they may proceed by way of inpro per. If the defendant wishes to proceed inpro per, the judge will ask questions to make sure that they understand what they’re charged with, the consequences of conviction, and that they understand the dangers and disadvantages of representing oneself. Judges are not able to assist anyone who is in inpro status.

The process of how a criminal case starts:

Someone contacts the police agency for aid. The agency responds to the incident and tries to figure out what has happened. They will document what they observed and what they were told. If evidence is gathered, they will document the seizure of evidence. If action needs to be taken, that can include putting someone under arrest or if someone is having a mental health crisis, resources can be provided. If someone is taken into custody, bail is a way a person can be released from custody pending their trial or criminal proceedings. The purpose of bail is to secure the presence of somebody coming to court for their criminal proceedings and to protect the public through terms and conditions. 

When someone has their first court appearance, a judge in court will decide whether it’s appropriate to release somebody on their own recognizance, set bail, or set other conditions of release. Law enforcement has the discretion to seek review of somebody’s release terms or conditions by a judge prior to arraignment; that way the courts can focus on the more serious and violent cases. Law enforcement can determine whether somebody’s likely to need to be held in court, cited out, or released prior to coming to court. They can elevate the offense even after the arrest if more evidence presents itself. Lastly, they will then present the case for filing consideration to the prosecutorial agency.

The prosecuting agency will review the evidence and decide if there is enough to file charges. Prosecutors have an ethical obligation to file charges only if they believe they can prove the offenses beyond a reasonable doubt. If charges are brought, the prosecutors will present a charging document that identifies the defendants by name, the charges, the date of when the incident occurred, a description of the crime, and court related enhancements that apply. Depending on the circumstance, cases can be filed as a felony, misdemeanor, or infraction. If charges are brought against a person, it is the prosecuting agency's job to do justice and convict everybody who is charged with the offense. To ensure that the victims of the crimes rights are observed. 

• Defendants charged with a felony have a right to a jury trial and a preliminary hearing. Felonies are the most serious where criminals typically face more prison time. If a defendant is found guilty, they can proceed to the court of appeals if the outcome of the case is not favorable to the defendant. In the appellate court, judges are appointed by the governor and they serve in panels of three to review criminal cases.

• Misdemeanor cases are considered less serious, maximum punishment for any misdemeanor would be 364 days in jail per count. There is no preliminary hearing process but misdemeanors do have a right to a jury trial. If someone doesn’t like the outcome in a misdemeanor case, the appeals are handled by the judges who sit in any appellate division that is independent of all the other divisions. There are four judges who act as an appellate court.

• Infractions are technically considered criminal matters but they’re traffic offenses that are handled in traffic court. Law enforcement will give somebody a citation with a promise to come back to court at a later date to address the matter. There is no custody option for somebody convicted of an infraction, only a fine is available. People do not have a right to have a jury trial, it is before a judge. 

  
  

In each courtroom, there is one bailiff assigned to make sure that everyone is safe and that folks obey the judge’s orders and rules. An interpreter may also be present for the defendant if spoken a different language. A court clerk is present to document what happens in the court in official court minute orders. They process the paperwork and are direct communication between the lawyers and judicial assistant for when the case is ready to be presented to the judge. They will swear the witnesses and handle exhibits.

If a case goes to trial, a jury of at least 12 people are selected to hear a case. They are entrusted with deciding the most important matters in our criminal system. Whether there is enough evidence to find somebody guilty or not. They are picked with the lawyers and the court through a process called “voir dire”. The lawyers and judge get to ask potential jurors questions to evaluate their suitability for that case. Extensive questions are asked to make sure all sides can have the best, most fair, unbiased people.