Do not talk to anyone about your case. Do not talk to anyone about your case except for your lawyer or your lawyer’s staff. If you are in jail, do not talk about your case on the jail telephone, because all of the calls you get or make in jail are recorded and those conversations can be used against you in court. Also, all mail that is sent or received in court is opened and read, so do not talk about your case in a letter. If you need to write a letter to your lawyer, write the words “LEGAL MAIL” on the envelope and it will not be read.

Let your lawyer do the talking. Your lawyer will talk with you before you appear in court and they will talk to the judge and the other lawyers for you in court. It is usually not a good idea to speak for yourself in court, unless your lawyer asks you to. Our lawyers know the law and everything they do is with your best interest in mind.

Do not be late for court. You can find the date, time, and place for your next court appearance on your court slip. It is very important that you show up for your court date on time. If you do not show up to a court appearance, and your appearance has not be “waived,” the court will put out a warrant for your arrest. Most hearings begin at 9:00 a.m. and there is usually a long line at security to get into the building. It can also be hard to find your courtroom, so it’s best that you arrive at 8:30 a.m. just to be safe.

Childcare. If you need to bring your children with you to court, you can leave them at the Hall of Justice Children’s Waiting Room which is on the first floor of the court house. If you are in custody and you have young children that need assistance, our Children of Incarcerated Parents program can help you. You can call them at 415-553-9638.

Stay out of trouble. The last thing you need is another problem hanging over your head. If you are released from custody, stay clear of anything that could put you back in jail.

Your first time in court is called an “arraignment.” At the arraignment you will be formally told of the charges against you. In most cases, your lawyer will advise you to plead not guilty. If the charges against you make you eligible to be released from custody, your lawyer will ask the judge to release you without posting bail, or will ask to set bail at a fair amount.

If you are released from custody, you should call your lawyer to set up a meeting to discuss your case. If you stay in custody, your lawyer will visit you within the next two days (except for weekends and holidays). It is important that you give your lawyer all the information needed to prepare your case. After this first meeting, your lawyer will continue to meet and talk with you. You can always call or ask to meet with your lawyer.

If you are released from custody, you should call your lawyer to set up a meeting to discuss your case. If you stay in custody, your lawyer will visit you within the next two days (except for weekends and holidays). It is important that you give your lawyer all the information needed to prepare your case. After this first meeting, your lawyer will continue to meet and talk with you. You can always call or ask to meet with your lawyer.

If you are charged with a felony, you have a right to what is called a “preliminary hearing.” A preliminary hearing is where a judge decides if there is enough evidence against you to put you on trial. This hearing must be held within 10 business days after your first court appearance, unless you give up this right. After this preliminary hearing, the judge may decide to change or dismiss some of the charges against you. If the judge finds enough evidence to hold a trial, a court date will be set for you. Your lawyer will also help you enter a plea and a trial date will be set.

A “settlement conference” is a court date before your trial to see if your case can be settled or resolved instead of going to trial. Your lawyer will vigorously represent you as he or she negotiates with the prosecutor. Your lawyer will tell you if any offers have been made to settle your case.

The first step in a trial is picking a jury. A jury is made up of 12 people from the community who will hear your case and decide on your guilt or innocence. Your lawyer will work diligently to make sure you have a fair jury. After the jury is chosen, lawyers from each side will give opening statements outlining their case. First, the prosecution presents its evidence and witnesses. Then, your lawyer-- the defense-- presents his or her evidence and witnesses. Then the lawyers each give closing arguments and the judge tells the jury the law. Finally, the jurors go into a private room where they talk about the evidence and decide on a “verdict,” or whether or not they believe you are guilty or innocent. If all 12 jurors cannot come to an agreement on a verdict, then the judge declares a “mistrial” and the prosecution can file charges against you again. A trial can last anywhere from a few days to a few months, depending on your case.

If you are found guilty of a crime, you may be able to “appeal” your conviction. This means your lawyer will ask that your case be looked at again.