Welcome to the Orange County DA Office

If the defendant enters a plea of not guilty at the arraignment, then his or her case is set for a pre-trial and preliminary hearing, also called a probable cause hearing. The preliminary hearing is a contested hearing where the prosecutor presents witnesses to convince the judge that there is probable cause to believe that a crime was committed and that the defendant committed the crime. There is no preliminary hearing held if there is a grand jury indictment.

At the pre-trial, the defendant and his or her attorney may try to negotiate the case with the deputy district attorney or the judge handling the case. If disposition can be worked out, then the defendant will plead guilty and receive his or her sentence. If a disposition cannot be worked out, the case may be set for another pre-trial for further negotiations or will proceed to preliminary hearing.

The defendant has the right to a preliminary hearing within 10 court days of the felony arraignment or within 60 calendar days or a reasonable time thereafter, if the defendant waives that right.

At the preliminary hearing, if the defendant waives that right hearing, a judge will hear the case to determine if there is enough evidence to hold the defendant to answer to the charge(s) in Superior Court. Usually, only part of the evidence is presented at this time. If the judge finds there is probable cause that the defendant committed the crimes as charged in the complaint, the defendant is bound over for trial. The case proceeds to Superior Court for further pre-trials and trial. At that point, the District Attorneys Office files an information (similar to a complaint) against the defendant in Superior Court. If the judge decides that there is not probable cause that the defendant committed the crime, the charge can be dismissed. The judge may also reduce the case to a misdemeanor for trial.

The defendant is then arraigned on the information at the Central Justice Center in Santa Ana within 15 days of the preliminary hearing. The defendant can again plead guilty or not guilty at this stage. If the defendant pleads guilty, then he or she will receive the negotiated sentence. If the defendant pleads not guilty, then his or her case is set for another pre-trial and/or trial. Again, at the pre-trial, the defendant and his or her attorney may try to negotiate the case with the deputy district attorney or judge handling the case. If a disposition cannot be worked out, the case may be set for another pre-trial or will proceed to trial.