Arraignment on the Information
After the preliminary hearing, if the felony charges are not dropped, the defendant will be arraigned in San Diego Superior Court and the next settlement conference date is set along with the trial date. Often, this is the time we use to file motions; and, in some cases, we will demand additional discovery. Once the preliminary hearing is concluded and the defendant is held to answer to a felony charge, the prosecution attorney files an “Information,” which contains the felony charges. The next step is an arraignment on the information, which is 15 court days after being held to answer.
At the Arraignment on the Information the same procedures set forth above that occurred at the first arraignment occur again. At this time, however, the Superior Court sets a pretrial hearing, and also schedules the trial date. Unless the defendant requests or agrees to a longer time, the Superior Court trial must commence within 60 days of the arraignment on the Information. Often, the prosecution attorney is willing to offer the defendant a “plea bargain” to resolve the case without a trial. If you choose our law firm to handle your case, we will confer with you to help you evaluate the options, and if you accept the “deal,” then a guilty plea is entered and the matter is set for a Probation and Sentencing Hearing; this proceeding is generally two to four weeks later to allow the Probation Department to produce its probation and sentencing report with its recommendation for the sentence.