It is mandatory that you keep all your court dates as scheduled. Failure to do so may result in a warrant being issued for your arrest and may result in a new and separate criminal charge of Failing to Appear. As a courtesy, the Office of Pretrial Services will send you reminder letters of your future court dates. If you did not receive your court date information when you were released from custody, please contact our main office at (408) 792-2460 immediately.
It is required that you contact the Office of Pretrial Services the day after your release between the hours of 3-5 p.m. for officer assignment at (408) 792-2460. You will be informed of your officer’s name and telephone number at that time. You are required to report for a scheduled intake interview within a week of your release in order to review the specific conditions of your release. The officer assigned to your case will monitor your compliance with the court-ordered conditions for the duration of your case. It is important that you maintain contact with your officer as instructed, comply with all of your court-ordered conditions, and appear at all of your court dates. Failure to do so may result in the revocation of your release and either you being remanded back into custody or a warrant being issued for your arrest.
It is recommended that you arrive early for your court appearance and report to your assigned courtroom. If you do not know the courtroom or department number, check the Master Calendar(s) posted inside the courthouse lobby to locate that information. Report to that department, have a seat in the audience and wait for your case to be called.
Please note, it is possible that formal charges may not be filed in your case by the court date given to you by the Office of Pretrial Services. Between the time of your arrest/booking and the first court date (Arraignment), the District Attorney’s Office may not have had sufficient time or information to determine what, if any, charges to file. If your name is not on the Master Calendar in the courthouse lobby, you must check with the Clerk’s Office to see if your name is on the No Complaint Calendar. The Court will give the D.A.’s Office additional time to continue reviewing cases on the No Complaint Calendar and will give you another court date. Make note of your new court date/time and return to court then. If you are on Supervised O.R. release and your name is on the No Complaint Calendar, all your court-ordered conditions remain in effect. Do not leave the courthouse unless you have been arraigned in court or have been given a future court date for Arraignment or are told by the Judge that you have no further court dates.
In felony cases, you will be given a copy of the Complaint (the document that specifies what charges have been filed) and asked if your name and date of birth on the document are correct. If you do not have a private attorney, there are public defenders (court-appointed attorneys) in the courtroom to assist you through your first court date. If you would like a court-appointed attorney to represent you in your case, you may ask the judge for one. The judge will then refer you to the Public Defender’s Office for an interview to determine eligibility. You may request a brief continuance in order to retain a private attorney to represent you.
In most cases, you need a referral from a judge in order to be interviewed by the P.D.’s Office before a P.D. is appointed to your case. Your first opportunity to request a P.D. will be at your Arraignment. At the time of the referral, court staff will give you information on how to contact the P.D.’s Office to see if you qualify for services.
If you are out-of-custody on O.R.P. or Supervised O.R. release, you may not leave the State of California without permission from the Court (pursuant to Penal Code Section 1318.) It is important that you contact your attorney or assigned Supervised O.R. officer well in advance of your intended departure and prior to making any travel arrangements to request the Court’s permission to travel. Approval of a travel request is at the discretion of the Court.
The District Attorney’s (D.A.) Office, not the victim, is responsible for filing criminal charges. The victim may contact the D.A.’s office directly at (408) 299-7400 for further information.
If you are the defendant in a criminal case, you or your attorney must make a motion in court to modify a criminal protective order. Any modification of the order is at the Court’s discretion. If you are a victim in a criminal case, you may contact the Victim’s Advocate in the District Attorney’s Office for further information at (408) 299-7400.
Only a judge may change the conditions of your release. If you want to modify your release conditions, you may contact your attorney about making a motion in court to amend your release conditions.
You are court-ordered to comply with your release conditions while your case is pending. The conditions remain in effect until your criminal charges are resolved: dismissed, discharged, sentenced or acquitted. In some cases, Supervised O.R. may be terminated by further order of the Court.