Saturday, October 29, 2011

How Criminal Proceedings Generally Work

So what is going to happen on the 4th?

I'm guessing that many of you, like myself are clueless as to how criminal proceedings work.  I did a little looking into it and found that the hearing for Robert Adams scheduled on November 4th, 2011 is referred to as a "Settlement Conference"

Hearing Future:
DateTimeDepartmentLocationReason
11/04/20118:30 AMDepartment 61Sacramento County Main Jail - 651 I Street, Sacramento, CA 95814SC
CodeTypeDomainCodeDescription
ReasonSCSETTLEMENT CONFERENCE




 So what is that?  The term "settlement" is confusing to me.  The Yolo County Superior Court and the District Attorney's Office of Riverside County have an informative FAQ section that defines a lot of legal terms and answers common questions, which I found useful.  I did some digging and found that, according to an attorney in San Diego, a settlement conference, sometimes called a readiness conference is to encourage the prosecuting attorneys and the defense attorneys to agree to resolve the case by a plea.  Now, this certainly doesn't mean a plea will be made.  The prosecution can decide not to make a deal and the defense can decide not the take a deal. If a plea bargain is made, the court accepts the defendants guilty plea, to the agreed upon terms, and sets a date for sentencing.  If the plea bargain is rejected, then the case goes to either a jury trial for misdemeanors or a preliminary hearing for felony charges.  Since Mr. Adams is charged with both, I would assume if there is no plea bargain, then the case will move to a preliminary hearing.

So then what?  Since there are felony charges involved, Mr. Adams' case should move to a preliminary hearing.  This is where the judge decides if there is enough evidence to move to a trial.  The defense is allowed to cross examine witnesses during this process.  If the judge sees enough evidence that he or she feels warrants a trial, then the case moves forward.  The case is set for a second arraignment where a plea is re-entered.  Now, since Mr. Adams has yet to enter a plea, I'm not sure where this leaves him in the process.  After the second arraignment, a second settlement conference is scheduled.  The judge again encourages the prosecution and defense to work out a plea deal.  If no such deal is reached, then the matter is set for a trial in front of a jury.

From this point onward, there are a lot of things that happen.  The jury is selected, the prosecution lays out its evidence, witnesses are called, and cross-examined.  After this, the defense attorney is allowed to present his or her own evidence and to call their own witnesses prior to them being cross-examined by the prosecution.  Closing arguments are made and thn the jury goes off to deliberate.  Anyone who has seen an episode of Law and Order or has watched Court Tv knows that this whole process can vary greatly from case to case.

If the jury comes back "hung" then the prosecution will usually ask for a new trial date and the process repeats.  If the jury comes back with a not guilty verdict, then the defendant is free.  If the jury comes back with a guilty verdict, then the matter is set for a sentencing hearing.

Whether by means of plea bargain or guilty verdict, the sentencing hearing is, quite simply, where the judge sentences the defendant for the crimes.  Before this is done, the defense attorney is allowed to present a Statement in Mitigation.  Letters of support of family and friends are considered.  Psych evaluations are sometimes requested.  The judge considers all of this information and sentences the defendant.

How does all of this apply to Mr. Adams?  I'm not certain.  I'm not a lawyer.  I'm just curious, like many people, Creative Frontiers School supporters included, and sought out the answers.

Just this last Wednesday, a supporter asks:
when is the hearing and what's happening on the 4th?
Another responds adding their concerns and seems clearly frustrated with the lack of information being offered to supporters:
What is going on? No posts since 10/13??
Then finally, someone responds to both supporters, albeit in a snarky and condescending manner: 
If you read some of the below posts, those who want to join in support of Mr. Bob, we're meeting on Nov4th at 8:15a.m. in front of the building, 651 "I" Street. Please wear something red or a CFS t-shirt if you have one. If you want to wear a CFS t-shirt, I believe Tarah or Courtney can try to rustle one up for you so email or call them.
Well, I can't blame some of the supporters for not wanting to sift through all the rants and unrelated information on other cases to find out that information.  I don't care what color shirt you wear.  The information above is for everyone, and I sincerely hope it answers some questions.  It certainly did for me.

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