Criminal Division Information
Criminal cases range from relatively minor offenses such as traffic infractions to serious ones like robbery and murder.
If you have been appointed or have hired an attorney you must contact them for assistance.
The State, as the protector of all the people, makes the charge against someone accused of committing a crime because a crime is considered an act against society. Only the State, through the office of the District Attorney in each county, can charge individuals with criminal violations. The prosecuting attorney presents the charge against the accused person (defendant) on behalf of the State (plaintiff), and must prove to the judge or jury that the defendant is guilty beyond a reasonable doubt.
California statutes generally classify a crime as either a felony or a misdemeanor. A felony is a criminal offense punishable by imprisonment in a state prison or by death. A misdemeanor is a lesser offense than a felony and generally is punishable by fine or imprisonment in county jail rather than in a state penitentiary.
If you are the victim of a crime, there are resources available to you. Please contact the District Attorney’s Office at 831-636-4120
Click on the frequently asked questions below for more information.
You have to go to court on your scheduled court date in almost all cases. If you do not go to the scheduled court appearance on time, the judge may issue a bench warrant for your arrest.
It is very important that you check the court or legal papers you have to find out the day and time you must appear in court. You can find this information on one of the following documents:
- Cash bail receipt,
- Notice of hearing,
- Signed Promise to appear, or
- Notice to appear
If you have any questions about your court date, please contact the Criminal Division in person, at 450 Fourth Street, Hollister, CA, or call the Court at (831) 636-4057 during the hours of 8:00 a.m. to 4:00 p.m.
Superior Court of California, San Benito County
450 Fourth Street
Hollister, CA 95023
When you get to the courthouse, check the calendar on the wall for your name and the Courtroom where your case will be heard. If you do not see your name on one of the calendar lists, go to the Traffic customer service window to ask about your case..
If you posted a bail bond for a specific date to appear or have appeared in Court and are ordered to return you cannot change the date. If you were appointed or have hired an attorney you should contact them for assistance. If the date set is for an Arraignment and a complaint has been filed with the court you may contact The Criminal Division and the clerk may be able to advance your Arraignment date but cannot postpone your hearing date. To contact The Criminal Division call (831) 636-4057 during the hours of 8:00 a.m. to 4:00 p.m.
If you want to change the date you are scheduled to go to Court, you must contact your attorney. If you do not have an attorney, it is very important to appear on the scheduled court date or a warrant may be issued for your arrest.
If you did not go to court on the day and time your hearing was scheduled, and you did not get the hearing changed to another day, you need to contact your attorney. If you do not have an attorney contact the Criminal Division at (831) 636-4057 during the hours of 8:00 a.m. to 4:00 p.m.
If you do not hire your own lawyer, you can ask the court to appoint one. To do this, you must go to your first court appearance and ask the judge. If you qualify, the court will appoint a lawyer to represent you. When your case ends, the judge will consider your income, expenses, and other factors to decide how much (if any) of the court-appointed lawyer’s legal fees you must pay.
In addition to bringing a valid identification document (driver's license, passport, or other picture identification), you should bring other documents such as:
- Notice of Hearing
- Bond receipts, cash bail receipts, etc.
- Jail release paperwork
To clear a warrant you must contact your attorney. If you do not have an attorney you can contact the Criminal Division at (831) 636-4057 during the hours of 8:30 a.m. to 3:00 p.m.
You can find out whether someone who has been arrested is in custody by calling the San Benito County Correctional Facility at (831) 636-4060.
The Criminal Division maintains filings and records of dispositions (judicial decisions.) To get information about or copies of documents from a criminal case, you can make a request in person or in writing via mail. If you make your request in writing, be sure to include:
- Upon receiving a check for the total cost and a self-addressed stamped envelope, the clerk will send the documents.
If a defendant pleads guilty to a felony at the arraignment, he or she must be represented by an attorney (unless the defendant, in a noncapital case, waives the right to one). After a guilty plea, the judge will set the case for sentencing. If a defendant pleads not guilty to a felony, a preliminary hearing is held. At this hearing the district attorney must show evidence that the defendant committed a felony and should be brought to trial. If the judge decides there is enough evidence, the defendant will be arraigned a second time in superior court, where the defendant again will be formally charged, rights will be explained, and a plea will be made.
A felony is a crime punishable by death, or imprisonment in the state prison, Formal Probation or county jail and fines.
Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail, or by fine, or both. Defendants who plead guilty to a misdemeanor may be sentenced during the arraignment, unless the judge wishes to postpone sentencing in order to study a probation report. During the arraignment, if a defendant pleads not guilty to a misdemeanor, the judge will set the date for a trial. The trial will be held within 30 days if the defendant is in custody or within 45 days if the defendant is not in custody-unless the defendant waives the right to a speedy trial.
A misdemeanor is punishable by imprisonment in the county jail, Informal Probation and/or by fine.
State and local laws define crimes and specify punishment. The maximum sentence for an infraction is a fine; for a misdemeanor it is up to one year in a county jail or a fine or both; and for a felony it is time in a state prison or, for some murders, death. Some counties offer "diversion" programs that allow a judge to order a defendant to get medical treatment or counseling or to do community service work. The diversion program may take the place of a fine or jail sentence.