Navigating the Criminal Justice System
Whether you’re facing charges or supporting a loved one, understanding the court process is essential. This page breaks down key steps, legal terms, and your rights in a clear, accessible way. At the Law Office of Mario J. Martinez, our goal is to help you feel informed, prepared, and empowered at every step.
Understanding the Stages of a Criminal Case
This diagram offers a general overview of the criminal court process. Keep in mind that every case is different—some move quickly, others take more time, and not all will go through every stage shown here. For example, not all felony cases are advanced to the superior court, and some may be resolved early through plea agreements or dismissals. Misdemeanor cases typically involve an arrest or citation, arraignment, pretrial conference, and possibly trial. Felony cases may include a preliminary hearing to determine if there’s enough evidence to proceed, followed by superior court proceedings. Stages like pretrial motions or trial may not occur in every case. This guide is designed to help you understand the overall structure; however, your specific case may follow a different path. We’re available to help you understand your current stage in the process and what to expect next, starting with a free initial consultation.
What You're Entitled to Under the Law
When your future is on the line, understanding your rights is critical. At The Law Office of Mario J. Martinez, we’re committed to making sure you know the protections guaranteed by the U.S. Constitution and California law. These fundamental rights ensure your case is handled fairly and that you’re protected at every stage of the process.
1 / Remain Silent (Fifth Amendment)
You don't have to answer questions from police, prosecutors, or the court that might incriminate you. Choosing to remain silent cannot legally be held against you.
2 / Be Represented by an Attorney (Sixth Amendment)
You have the right to have a lawyer with you at all critical stages of your case. If you can’t afford an attorney, the court must appoint one to represent you at no cost.
3 / Right to Be Informed of the Charges (Sixth Amendment)
You must be clearly told what crimes you are being accused of, so you can understand the case against you and prepare a defense.
4 / Receive Adequate Representation (Sixth Amendment)
Your attorney must provide competent and diligent representation. If your lawyer’s performance falls below reasonable standards and harms your case, it may violate your rights.
5 / Right to Due Process (Fifth & Fourteenth Amendments)
You are entitled to a fair and impartial trial, conducted before an unbiased judge and, if applicable, jury. Due process ensures you receive proper notice of the charges against you and a meaningful opportunity to present your defense.
6 / Have a Jury Trial (Sixth Amendment)
For most criminal charges, you’re entitled to have a jury of your peers decide your case, unless you choose to waive that right and proceed with a judge alone.
7 / Have a Public Trial (Sixth Amendment)
Your trial must generally be open to the public and press. This transparency helps protect you from secret proceedings or unfair treatment.
8 / Have a Speedy Trial (Sixth Amendment)
Your case cannot be delayed indefinitely. The right to a speedy trial protects you from prolonged uncertainty and helps preserve evidence and witness availability.
9 / Confront Witnesses (Sixth Amendment)
You have the right to see and cross-examine all witnesses who testify against you. This gives you and your attorney the chance to challenge the evidence presented.
10 / Not Be Tried Twice for the Same Offense (Double Jeopardy, Fifth Amendment)
Once you’re acquitted or convicted, the government cannot prosecute you again for the same offense. This protects you from repeated attempts to convict.
Understanding Courtroom Terminology and Protocol
This section outlines important etiquette to follow when appearing in court. Arrive early or on time, as being late can delay your case or have serious consequences. Dress in neat, business-like clothing to show respect for the court. Always address the judge as “Your Honor,” silence your phone, and avoid bringing food or drinks into the courtroom. Most importantly, be respectful, both in how you speak and how you conduct yourself. Following these simple guidelines helps ensure your case proceeds smoothly and demonstrates that you take the process seriously.
