How Long Do You Have to Wait Before Going to Court?
One of the major downsides to the judicial system is how long it takes. The amount of time that passes between an initial arrest and the defendant finally getting their day in court is often incredibly long.
The first time you’ll see the inside of a courtroom following an arrest is within 48 business hours of your arrest. This particular court appointment is called an arraignment. The purpose of the arraignment is to formally hear the charges you’re facing and for the judge to determine if they’ll grant bail and, if they’re going to grant bail, how much is an appropriate amount.
Some minor charges don’t require an immediate arraignment.
In California, if you’re facing misdemeanor charges, everybody works hard to get you through the court process as quickly as possible. According to state law, anyone facing misdemeanor charges and who is being held in custody is entitled to have a formal trial within 30 days of their arraignment or the date they entered an official plea. If you made bail and aren’t being held in custody, the court has 45 days to arrange your trial.
Another law California has is that the trial must start within ten days of the trial date getting formally set.
Cases involving felony charges are a bit different.
The first difference is that you don’t go from the arraignment to the trial. First, you’ll go through a pre-hearing. The purpose of the pre-hearing is for the prosecution to convince the judge that they do, in fact, have enough evidence supporting the charges to indicate that there’s a chance they could sway the jury. This preliminary hearing must take place within ten business days of your arraignment.
If the judge approves the prosecution’s case, the prosecutor has just 15 days to file “information,” which is the term used to describe the filing of a formal felony complaint against you.
The exact amount of time it takes after this for the case to be heard by a jury depends on the complexity of the case and the court’s schedule.
What Happens if You’re Accused of Stalking in California
Stalking accusations are taken very seriously in California. Every single person connected to the state’s judicial system understands that stalking often escalates into more serious crimes, which is why they will quickly launch an investigation when someone accuses you of stalking them.
Whether you actually are stalking them or it’s an accusation that has been made in an attempt to get you into legal trouble, it’s in your best interest to start preparing yourself for what the future could hold if the police find enough evidence to justify filing stalking charges against you.
Stalking is dealt with in California’s Penal Code 646.9 PC. Reading through the law is the best way to fully understand what the state does and doesn’t consider stalking. The law reads:
“Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking…”
While stalking is taken very seriously by the entire California legal system, it is also one of the state’s wobbler offenses, meaning that you could be charged with a misdemeanor or a felony. Things like your criminal history, if any threats were made, how long the stalking took place, how intense the stalking incidents were are taken into consideration when a judge decides if you should be charged with misdemeanor or felony stalking.
If you are charged with misdemeanor stalking in California, you shouldn’t assume that you’ll get off lightly. If convicted, the judge could sentence you to a full year in a county jail and/or fine you $1,000. It’s also possible that you’ll be required to take some education courses such as anger management and substance abuse recovery.
The sentence for felony stalking in California is a three-year span in one of California’s state prisons and a fine that could be as much as $10,000.
It’s important to note that stalking is one of California’s Three Strikes crimes, meaning that the third time you’re convicted of felony stalking will result in a minimum sentence of 25 years in a state prison.
The Lasting Consequences of a DUI | California Laws
It’s likely that you already know that the first time you’re convicted of a DUI in California, you will lose your driving privileges for a period of time, be required to pay some hefty fines and have to take some substance abuse classes.
What you may not have considered is the long-term impact that a single DUI will have on your life.
The first thing you need to consider is how your employability will change following your DUI. The biggest challenge comes right after you’ve been sentenced and have your driving privileges revoked. How are you going to get to work? How will you get home? If you’re unable to make the commute to your current job because you are no longer able to drive, will your employer give you a leave of absence and allow you to return to work once your driving privileges are reinstated, or are you going to have to look for another job?
The DUI conviction could also impact your ability to get another job. Some employers specifically ask if you have a criminal conviction on your record when you apply. Whether you have to disclose your DUI depends on how the question is worded. If they are only asking about felony charges, you can avoid mentioning the conviction. However, if they ask about any criminal offenses, including misdemeanors, it’s in your best interest to mention the DUI. This protects you if the potential employer runs a background check that turns up the DUI conviction. At least they won’t think you’re dishonest.
Be prepared for the DUI to play a painful role in your budgeting for a long time to come. Not only will you have to deal with the court fines connected to the conviction, but it’s also going to have a seriously negative impact on your car insurance. Many insurance companies will drop you after you’ve been convicted of a DUI. Even if your insurance company does decide to keep you on as a customer, you should be prepared for your premiums to skyrocket and for them to stay high for a very long time.
The first time you’re convicted of a DUI in California, you’re potential sentence could include a six-month suspension of your driver’s license, a $390-1000 fine, DUI school, and up to six months in a county jail.