Stacie L. Patterson is The Sponsor Attorney for San Diego County
Do you want to know whether you are under the influence or were under the influence? The internet offers many Blood Alcohol Content (BAC) calculators. You can find them at: http://www.healthstatus.com/calculate/bac and http://www.findanutritionist.com/resources/calculators/bac.html.
If you have been stopped for driving under the influence,
contact Stacie L. Patterson. The Law Office of Stacie L.
Patterson is a boutique criminal defense firm in San Diego committed
to providing high-quality and cost-effective services in a caring, honest and
aggressive manner. Ms. Patterson is a solo practitioner and gives each of
her clients individualized attention. If you have any questions or feedback,
please contact Attorney Patterson directly at (619) 269-8074 or by email 24 hours a
day/7 days a week.
Stacie L. Patterson
Law Office of Stacie L. Patterson
110 West C Street, Ste. 2200
San Diego, CA 92101
(619) 269-8074
www.spattersonlaw.com
The Law Office of Stacie L. Patterson is a boutique criminal defense firm in San Diego committed to providing high-quality and cost-effective services in a caring, honest and aggressive manner. Ms. Patterson is a solo practitioner and gives each of her clients individualized attention. If you have any questions or feedback, please contact Attorney Patterson directly at (619) 269-8074 or by email 24 hours a day/7 days a week.
Stacie L. Patterson
Law Office of Stacie L. Patterson
110 West C Street, Ste. 2200
San Diego, CA 92101
(619) 269-8074
www.spattersonlaw.com
This outline is very general and each case is different. If the defendant's attorney brings particular motions or the case involves a significant amount of discovery, additional time may be needed. In addition, if subpoenaed witnesses are unavailable for a hearing, the Judge may continue the hearing over a defendant's objection. So, while each case will proceed on its own individual course, below is a general outline of the process.
Arrest
- Defendant must be arraigned within 72 hours of arrest
Arraignment
- Defendant's charged with felonies enter pleas of not guilty and deny allegations at the initial arriagnment.
- The issue of bail will be addressed at arraignment.
- If defendant is not represented by a private attorney, the Court will appoint an attorney subject to repayment of the County later.
- Dates for Bail Review, Felony Disposition Conference and Preliminary Hearing will be set.
Bail Review
- The Bail Review is likely to be held approximately 5 days after arraignment
- Court will listen to arguments regarding bail
- Court must assume charges are true
- Court must consider whether the defendant is a flight risk (i.e., how many times has the defendant failed to appear in the past, does s/he have a stable job, residence and ties to the community)
- Court must consider whether the defendant is a danger to the community (i.e., does the defendant have a criminal history, did the defendant commit a crime of violence, is the defendant likely to reoffend while out on bail)
Felony Disposition Conference (FDC)
- The FDC (aka Readiness Conference) is likely to be calendared for seven days after arraignment.
- It is the first opportunity to settle matter
- At the FDC, the defendant may plead guilty or confirm the preliminary hearing
- If defendant pleads guilty, sentencing hearing will be approximately 1 month later
- If defendant confirms the preliminary hearing, it will be approximately 2 days later
Preliminary Hearing
- Prosecution presents a summary of evidence
- Defense normally does not present evidence
- If judge believes that defendant committed crime, the matter will be arraigned again
Superior Court Arraignment
- Dates are set for Readiness Conference and Trial
- Readiness Conference is approximately five weeks away
- Trial is set approximately 50 days away
Readiness Conference
- The Readiness is similar to the FDC
- It is an opportunity to settle case before trial
- Defendant may plead guilty or confirm trial
- If defendant pleads guilty, sentencing will be approximately 1 month later
- If trial is confirmed, it will begin approximately two weeks later
Trial
- Defense and prosecution presents their case
- If client is convicted, sentencing will be approximately 1 month later
Sentencing Hearing
- At the sentencing hearing, the probation department will make a sentence recommendation.
- Prosecution will argue what it believes is proper sentence
- Prosecution may present comments from victim and other concerned citizens
- Defense will argue what it believes is proper sentence
- Defense may present psychological evaluation and comments from family members and other concerned individuals
In San Diego, judges will generally entertain Motions to Terminate Probation after the defendant has been on probation for 18 months. Judges consider how the defendant has performed on probation, if all the fines and fees are paid and whether the defendant has a compelling reason to be terminated from probation. Often defendants seek early termination of probation so they can enter the military or apply for particular jobs or take advantage of certain educational opportunites.
Arraignment
- At arraignment, a defendant can enter a plea of guilty or not guilty.
- If the defendant enters a plea of not guilty, the matter will be set for Readiness Conference.
- If the defendant is represented by private counsel, s/he need not appear for arraignment; defense counsel may appear on behalf of the defendant.
- If the defendant appears at arraignment and is represented by the Public Defender, s/he should set aside four hours for the Court appearance.
Readiness
- Before the Readiness Conference, defense counsel will have received the discovery and negotiated with a Deputy City Attorney. Again, if represented by private counsel, the defendant need not appear.
- If the defendant enters a guilty plea, s/he may choose to be sentenced immediately or return to Court in the future.
- At Readiness the defendant will accept the City Attorney's offer, continue for further negotiations or motions or set a trial.
Trial
- The defense and prosecution will present their cases.
- If the defendant is convicted, s/he may choose to be sentenced immediately or return to Court in the future.
Melrose Drive, Vista CA
The North County Court will allow attorneys to calendar same-day Motions to Recall Warrants in misdemeanor cases. In other words, a Motion to Recall a warrant can be calendared in the morning and the warrant can be recalled in the afternoon. There is a separate building for minor traffic offenses in the back called the "Traffic Court Annex". Free parking.

