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If you or someone you care about has been arrested, you are probably facing an unfamiliar and intimidating process. Understanding what happens at each stage of the California criminal case process can ease your mind and help you make better decisions. Every case is a little different, depending on the county, the charges, and the facts involved; a California criminal defense attorney can give you more specific information about how your case is likely to unfold.
This article will walk you through the steps in a California criminal case so you understand what you’re facing.
Police must have “probable cause” to make an arrest. In other words, they cannot arrest you because they have a hunch you broke the law or because of what you look like. They must have a reasonable belief, based on facts and evidence, that you have committed a crime.
During an arrest, law enforcement officers take you into custody and inform you of your legal rights. One of those rights is your right to remain silent; another is your right to legal counsel. You can tell the police that you will not answer any questions without your attorney present.
After your arrest, you will be taken to the police department for the booking process. While you are there, you will have fingerprints and photographs (“mugshots”) taken, and officers will record personal information like your name, birthdate, address, and physical description. They will use this information to search for outstanding warrants and other charges against you.
You will be thoroughly searched, and your personal items will be held for safekeeping. “Strip searches” are permitted only under certain circumstances and are regulated under California Penal Code §4030. California Penal Code §851.5 gives you the right to three completed phone calls (at no expense to you) no later than three hours after your arrest, such as to an attorney, bail bondsman, or family member.
Bail is a financial payment to the court to secure your appearance at future hearings and trial. Every California county has a standard bail price list for various crimes. You can pay the full bail amount in cash to the court; it will be returned to you at the end of your case if you attend all court dates. You can also post a bail bond, usually by paying 10% of the total bail as a non-refundable fee to a bail bondsman. Another option is a property bond, meaning that you pledge real estate equity worth at least twice the amount of bail to secure your appearance.
Within 48 hours of your arrest (excluding weekends and holidays), a judge will review your case at arraignment. They may keep the scheduled amount of bail, or increase or decrease it depending on the circumstances. The judge may also release you on your own recognizance (your promise that you’ll appear) or deny bail if your crime was especially serious.
Arraignment is the first court hearing after your arrest, at which you will be formally charged. You will be asked to enter a plea: guilty, not guilty, or “no contest.” A no-contest plea, also called nolo contendere, means that you accept conviction without admitting guilt. You should have a criminal defense attorney to advise you on how to plead and be present with you at arraignment.
There are several potential pre-trial hearings and events that could take place in your case:
California Penal Code Section 859b requires a preliminary hearing or “prelim” for people who are charged with a felony. At a preliminary hearing, the prosecution must show probable cause both that a felony occurred and that the person charged (the defendant) committed it.
Your prelim must take place within 10 court days of arraignment or plea if you are in custody, and within 60 calendar days if you are not, unless you waive the hearing. Your lawyer will help you decide whether waiving your prelim makes strategic sense in your case.
A motion is one side’s formal request to the court to take an action in a case. For instance, your defense attorney might file a motion to suppress evidence if they believe the evidence was illegally obtained.
It is common for the defense and prosecution to negotiate a plea deal. A plea bargain can help you get reduced charges or lighter sentencing as well as to avoid trial. Prosecutors are often willing to make a plea bargain to get a guaranteed conviction.
If you are unable to make a plea deal and your case is not dismissed, it will go to trial. The prosecution and the defense will present evidence and witnesses for both sides will testify and be cross-examined. As the defendant, you do not have to testify. If you want to testify, your defense attorney will advise you about the risks and possible benefits.
You are entitled to a trial by jury, but you can waive this right and ask for a bench (judge) trial. The jury or judge in your case will consider all the testimony and evidence and decide whether you are guilty or not guilty of the charges.
If you are found guilty, you will attend a sentencing hearing. The judge will determine your sentence based on California sentencing guidelines and any aggravating or mitigating factors that mean your sentence should be higher or lower, as well as any relevant laws like California’s “three strikes” law.
You should begin working with a defense attorney as soon as you are arrested, or even earlier if you are under investigation. Decisions you make early in the criminal case process without an attorney’s guidance can come back to harm you as the process unfolds.
Misdemeanor cases can resolve in as little as a few months; felony cases may take a year or more. Cases that go to trial take longer than those that are resolved by a plea bargain.
Not always, but often. Your lawyer may be able to have your conviction removed through expungement, record-sealing, or other post-conviction relief.
If you have questions about the California criminal case process that weren’t answered here, call (415) 824-4000, email consult@owensdefense.com, or contact Owens Defense online to request a confidential consultation now.
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