Steps OF A FELONY CASE The following flow chart and definition of terms is from the Santa Clara County Public Defender’s Office. ARREST | ARRAIGNMENT | ERC/FAR HEARING | PLEA | PRELIMINARY HEARING (10 Court Days) | SUPERIOR COURT ARRAIGNMENT (15 Calendar Days) | TRIAL Definitions ARRAIGNMENT: Typically, you are advised of your charges and asked if you have a private attorney or need a public defender. If you need a public Defender, indicate so at this time. ERC/FAR HEARING: Early Resolution Calendar (ERC) or Felony Advanced Resolution (FAR). It is a way to settle your case more quickly than going to Preliminary Hearing. Your ERC/FAR attorney will discuss your case with the District Attorney to see whether a mutually agreeable resolution can be reached. Your attorney may also discuss your case with the court to discuss sentencing options in the event you decide to plead guilty. PLEA: This is where you plead “Guilty”, “Not Guilty”, or “Nolo Contendere” (No Contest). Your attorney can explain the differences to you. PRELIMINARY HEARING: This is when the court will determine if the District Attorney has enough evidence against you to hold your case over for trial. This hearing must occur within 10 court days of your plea, unless you waive time to give your attorney more time to prepare. Court days do not include weekends and holidays. WAIVE TIME: You have the right to a preliminary hearing and trial within certain statutory time limits. If it is necessary to continue your case beyond these deadlines, you will be asked to “waive time”. Waiving time means that you will allow your attorney more time to prepare your case. It is very common to “waive time” in criminal cases because it is important for your attorney to have sufficient time to prepare. SUPERIOR COURT ARRAIGNMENT: This is when you are read your charges in Superior Court and your case is set for trial. This must be done within 15 calendar days of your preliminary hearing. Calendar days include weekends and holidays. 43
Source: Santa Clara County Public Defender’s Office