What happens in a criminal case?
A criminal case usually begins by complaint or indictment. In some cases an individual is entitled to a hearing before a clerk to determine whether there is a sufficient basis for the issuance of a complaint. At the arraignment an initial plea is entered and, depending on the seriousness of the charge and the defendant's record, the judge decides the issue of bail.

The court dates subsequent to the arraignment are typically the pre-trial conference date--at which time the prosecution will be required to provide certain information to defense counsel regarding the case--and dates for hearings on motions such as motions to dismiss or motions to suppress evidence. Eventually, if the case proceeds, every defendant must decide whether to enter a plea or to have a trial. If the case is tried a defendant has a Constitutional right to a jury trial but can, in most cases, choose a trial before a judge without a jury if it appears that is a better option. Representation at each stage of a criminal proceeding is of critical importance as uninformed decisions can have serious and irreversible consequences.

What is the sentencing hearing?
Except for minor offenses, such as infractions, a sentencing hearing is held where the final sentence or penalty is determined. The character of and circumstances surrounding the defendant can be as important as the severity of the crime, in determining what sentence will be imposed.

At the sentencing hearing, both the prosecution and the defense are given the opportunity to present evidence and testimony to recommend an appropriate sentence. The judge is free to ignore these recommendations, even if the prosecutor and defense lawyer have agreed to a sentence as a part of a plea agreement.