Our interactions with the criminal legal system are shaped by a number of choices made by the district attorney (DA) and the person who has been arrested. At each decision point—charging, bail, diversion, discovery, case processing, plea bargaining, and sentencing—the DA has powers that can determine whether someone goes home to their job and family or goes to prison for years or even decades.
Understanding these decision points and the options the DA has can help inform your discussions on balancing community well-being and criminal justice.
Before Trial
For people detained pretrial, the screening period can take as long as 45 days for misdemeanors and 60 days for felonies while the DA reviews the case to decide whether or not to formally charge the person with a crime.
Discovery is the process of collecting evidence. Although the DA is supposed to share all important evidence with the defense as soon as it’s available, evidence is often shared in pieces. The DA isn’t required to make sure that the defense has all the evidence until the first day of trial.
Diversion is an informal “sentence” whereby a person can take part in a rehabilitation program instead of receiving a sentence that will result in a criminal record. A person can be routed into diversion before or after trial. In exchange for successful participation in the program, charges may be dismissed. However, if the person “fails” the program, the charges — and usually a conviction— will be reinstated. Diversion is usually offered to people with no prior convictions.
Arrest, Charging, and Bail
Plea Bargaining and Diversion
Trial and Sentencing
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