After an arrest, you will be taken to the police station, booked and put in a holding cell. You will only be released if bail is posted. The amount of your bail is determined according to a bail schedule. If you are charged with domestic violence you cannot be released on your own recognizance without a hearing. (Release on your own recognizance, also known as “OR,” is release based only on your promise to appear.) If you do not post bail, you will remain in custody until your arraignment. In some cases, you may attempt to reduce the amount of bail. In order for bail to be reduced, there must be a hearing in front of a judge.

Once you post bail, you may be released, but you will likely have a restraining order against you. The terms of this order may vary, but likely you will not be able to have any contact with the accuser or your children. The order may require you to sell or destroy any firearms you own or can access. If you do not obey this order, you could be charged with an additional criminal offense.

Arraignment. The arraignment is the first court appearance. The purpose of the arraignment is to formally advise you of the charges pending against you and your rights as a criminal defendant. You must be personally present at your arraignment. At this part of the legal process, you will plead “not guilty” to the charges and your attorney will argue about any orders against you. A skilled attorney can also help you see your children and discuss visitation with your partner.

Investigation/Discovery. This is the most important process in the criminal case. Because of the nature of domestic violence, much of the evidence is based on one person’s word against another’s. In order to discover both sides to the story, it is crucial to talk to all potential witnesses to the event. An experienced defense attorney will work with investigators to find and talk to witnesses who will be favorable to your side of the story.

Preliminary Hearing. In California felony cases, the accused is entitled to a Preliminary Hearing. This is a hearing in front of a judge, not a jury, that resembles a “mini trial.” Witnesses are called to describe the incident. The judge has the discretion to allow the case to go forward as a felony, to reduce the charge to a misdemeanor or to dismiss the case. Preliminary Hearings only happen in felony cases; there are no Preliminary Hearings in misdemeanor cases.

Few days to a few weeks. The trial includes several different phases, including jury selection, opening statements, examination and cross-examination of witnesses, closing arguments and jury deliberations. It may be helpful to bring supportive family members and friends to the trial.

In domestic violence cases, unlike other criminal cases, prior domestic violence acts are admissible in court against you. If you have a history of domestic violence, this information can be offered to show that you are guilty of violence in the current case. This is yet another reason why an experienced criminal defense attorney is so important.

In every criminal trial, the prosecution has the burden of proving your guilt beyond a reasonable doubt. This is the highest legal standard in our justice system. The prosecution must prove to every single juror that you are guilty of every element of every charge beyond a reasonable doubt. If even one juror has a doubt about your guilt, the prosecutor will not prevail.

Sentencing. Often when there is a conviction, the judge will ask the probation department to prepare a sentencing report to help the judge decide what sentence to impose.

Enhanced sentences have been upheld for prior convictions, a pattern of violent conduct, prior treatment for domestic violence, substance abuse, history of threats to others, great bodily injury or threat of great bodily injury, death threats (even if you do not possess a weapon) and use of a weapon and multiple victims, among other issues.

The criminal court process is complex. The potential outcomes are severe. Trying to navigate the criminal justice gauntlet without an experienced criminal defense lawyer is as foolish and as dangerous as performing brain surgery on yourself. If you or someone you care about has been charged with a criminal offense, call an experienced criminal defense attorney right away.