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The San Mateo County Bar Association’s Private Defender Program (SMBCA PDP) was established in 1969 to provide legal representation for indigent individuals charged with crimes in San Mateo County. We have been providing high-quality legal representation ever since.
The SMBCA PDP is a “managed assigned counsel” (“MAC”) system. We oversee a panel of private attorneys who are qualified to take assigned court cases. We assign the cases and provide our clients and attorneys with additional necessary services, such as investigators, paralegal services, access to our Partners for Justice Advocates, criminal immigration services, expert witnesses, and more. We also oversee the quality of representation given to the clients and ensure that their attorneys have the support they need to defend their clients.
A felony is a crime punishable by potential prison time. Most felony cases proceed along the following general timeline:
Arrest occurs when a person suspected of a crime is taken into custody by law enforcement. In some felony cases, you will be notified of your court date and appear out of custody for your arraignment.
Arraignment is your first appearance in court. You will appear before a judge and be advised of your constitutional rights. You will receive a copy of the complaint, which lists the charges against you. You can apply for a court-appointed lawyer by completing a form to determine whether you qualify for the Private Defender Program. If you qualify, a lawyer from the Program will appear with you. If you are in custody, your lawyer will attempt to secure your release, either through the setting of bail or by a release on your own recognizance. The court will set future dates in your case.
Superior Court Review is a court conference with your lawyer, the deputy district attorney, and a judge to attempt an early resolution of the case. Only certain felony cases qualify for Superior Court Review. You may be eligible for Superior Court Review depending on the nature of the charges and your prior criminal record. People who are on felony probation, charged with serious felonies, or have a prior conviction for a serious felony may not be eligible for Superior Court Review.
At a preliminary hearing the judge will hear witnesses and other evidence to decide whether there is probable cause to believe you committed the crime you were accused of. Your lawyer may use this opportunity to question witnesses and test the strength of the case. Your lawyer may also make motions at the preliminary hearing such as a Motion to Suppress or Miranda motion. Some or all of the charges may be dismissed after the hearing if probable cause is not shown.
The district attorney will file an information setting forth the charges you will face at trial based on the evidence presented at the preliminary hearing. At your arraignment on the information you will enter a plea in court, and the judge will set future court dates in your case.
After the arraignment on the information your case will be set for a Pretrial Conference. The Pretrial Conference involves a discussion between your lawyer, a judge, and the deputy district attorney to try to obtain the best possible offer to resolve the case. You can discuss this offer with your lawyer and decide whether to accept or reject it. If you reject the offer, your case will proceed to trial. Depending on the facts of your case, there may be other court dates before your trial where motions will be heard. Examples of motions include 995 motions, search motions, and motions to compel.
Anyone charged with a felony has the right to a jury trial. At trial, you are presumed innocent and the district attorney must convince a jury you are guilty beyond a reasonable doubt. Most felony jury trials last more than a week. The most complicated cases can last several months. If all 12 jurors cannot agree on a verdict at the conclusion of the trial, the court will declare a “mistrial.” The district attorney will decide whether to retry the case, make a better offer, or dismiss it. If you are convicted at trial, the judge will usually set a date for sentencing. If you are acquitted at trial, you will have no further court dates.
A misdemeanor is a crime punishable by up to one year in county jail. A misdemeanor case follows the same steps of Arrest, Arraignment, and Pretrial Conference as someone charged with a felony.
During the Pretrial Conference, your lawyer will meet with the judge and the deputy district attorney to try to obtain the best possible offer to resolve the case. If you accept the offer, you will be advised of all the rights you would be giving up, including your right to a jury trial. If you agree to plead guilty, you will typically be sentenced at the same time you enter your plea. If you reject the offer, your case will proceed to trial. Depending on the facts of your case, there may be motions filed as well such as suppression motions, speedy trial motions, or motions to compel.
If you take your case to trial, you will be presumed innocent and the district attorney must convince a jury of 12 people that you are guilty beyond a reasonable doubt. Most misdemeanor trials last about a week. If all 12 jurors cannot agree on a verdict at the conclusion of the trial, the court will declare a “mistrial” and the district attorney will decide whether to retry the case, make a better offer, or dismiss it. If you are convicted at trial, the judge will sentence you that day or continue the case for sentencing. If you are acquitted at trial, you will have no further court dates.
Some criminal cases are eligible for diversion or other Specialty Courts. Depending on your circumstances and the nature of the charges, a judge can, at their discretion, set the terms and period of diversion. Diversion often includes public service or a class relevant to the charged offense.
Specialty diversion programs may be available for people suffering from mental health issues, homelessness, or addiction, and for veterans. Our attorneys have successfully argued for diversion for many of our clients.
The SMCBA PDP strives to provide the highest quality legal services to eligible defendants in San Mateo County. Our experienced and dedicated panel of private defenders represent indigent defendants charged with felony and misdemeanor crimes. Our lawyers work with investigators and experts in other fields to provide comprehensive and vigorous legal defense.
We have been recognized by the Standing Committee Legal Aid and Indigent Defendants of the American Bar Association and the National Legal Aid and Defender Association as one of the preeminent indigent defense organizations in the country.
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