JUSTICE IN DISTRESS: A SPECIAL REPORT : A Trip Through the System

Arrests and Bookings

1. A trip through the labyrinth of criminal justice in Los Angeles begins when an arrestee is “booked”--a process in which he is fingerprinted, photographed and jailed. By law, a suspect in California can be held no longer than 48 hours without being formally accused in court of having committed a crime. That leaves the police two days, excluding weekends, to prepare and present their case to either the City Attorney or District Attorney for possible prosecution.

* Misdemeanors, usually punishable by no more than a year in county jail, are submited to the City Attorney.

* Felonies, more serious crimes that carry possible prison terms, are prosecuted by the District Attorney.

* Some crimes known as “wobblers” can be tried as either felonies or misdemeanors.

Hearings and Trials

2. If prosecutors decline to file charges, the suspect is usually freed immediately. But if charges are filed, the suspect becomes a “defendant” and is “arraigned” in municipal court, where he is formally told of the accusations against him. A “preliminary hearing” then is scheduled and normally held within 10 working days.

During the preliminary hearing, a municipal court judge hears evidence from the prosecution and defense, then decides whether there is sufficient reason to believe that the defendant is guilty of a crime. If the judge decides there is insufficient evidence, the defendant is released. More often, judges finds in favor of “the people” or prosecution, and the matter is “set for trial.”

Defendants are legally entitled to a “speedy trial.” In misdemeanors, the trial must begin within 45 days of arraignment, if the defendant has been released on bail or on his “own recognizance.” If the defendant has remained in custody after being arrested, the trial must begin within 30 days.

All felony trials must begin within 60 days of arraignment in Superior Court.

Defendants in both misdemeanor and felony proceedings often “waive time,” meaning they agree to postpone trial to give their attorneys more time to prepare a defense. Far more plead guilty and avoid trial in exchange for lighter sentences--a process known as “plea bargaining.”

Serving Time

3. JAIL: Because of overcrowding, defendants committed to Los Angeles County jails serve less than half of their court-ordered sentences. With various credits given to each inmate, a maximum one-year sentence translates to 155 days.

PRISON: Except for murderers and others who receive life sentences, convicted felons sent to state prison since 1976 have served what are known as “determinate” sentences. A judge imposes the low, mid-term or high term prescribed by state law. Sale of cocaine, for example, carries a minimum punishment of three years, a mid-term of four years, and a maximum of five years. A prisoner who does not cause trouble and agrees to work while in custody is rewarded with having his sentence reduced by one day for every day he serves. A three-year term in prison typically is reduced to about 1 1/2 years.

Release

4. FROM JAIL: When jail inmates are released, nearly all are placed on probation, typically for one-to-three years. In that time, they must abide by certain rules and regulations or run the risk of being locked up again. Most are put on “formal” or supervised probation, in which probation officers are supposed to monitor their behavior.

FROM PRISON: When a prison inmate is released, he is placed on “parole” and must answer to a state agent. If he does not behave himself, he can be returned to prison for as much as one year for every parole violation.