During an arraignment, the court schedules a pretrial conference for misdemeanor domestic violence offenses, and preliminary hearings for felonies. At a pretrial conference, the prosecution may present an offer to resolve the case. The defendant has the right to discuss the terms with their attorney and another court date may be set in order to provide time to consider the offer. Penalties for a misdemeanor domestic violence crime can include jail time of between 6 months to one year. However, probation is often granted in misdemeanor cases.
A preliminary hearing determines whether the evidence supports holding the defendant to answer for the criminal charges. The prosecution must set forth evidence of probable cause. In other words, there must be a showing that the criminal charges are true, and that the defendant is the individual who committed the offense.
If a judge determines sufficient evidence indicates a crime was committed and that the defendant may have committed the offense, they will be held to answer the charges. Another court date will be set, a new document called an information filed, and the defendant will be arraigned on the information.
The second arraignment in this case will set future court appearances. Both sides revisit the possibility of settling the case, adjusting terms if necessary. Punishment for felony domestic violence crimes includes imprisonment and probation, as well as the loss of the right to carry a firearm.