The most important thing to do if you are arrested in California is to understand what comes next. The pathway from arrest to resolution differs significantly depending on charge classification. An arraignment is your first critical decision point. But understanding the pretrial phase is necessary for positive results. You should hire a defense attorney before arraignment.
Key Takeaways
- Arraignment must occur within 48 hours of arrest for in-custody defendants. Weekends and holidays are excluded.
- The majority of California criminal cases resolve through plea negotiation before trial.
- Hiring a defense attorney as early as possible gives you the greatest range of strategic options at every stage.
- Felony cases go through a preliminary hearing before trial. But misdemeanor cases do not.
Being arrested is frightening. The process that follows moves quickly and carries consequences at every stage. It is important to understand what happens after arrest in California. But many people have no idea what is about to happen or when that will happen. This guide will give you the complete picture with real timeframes. You will know exactly where you are and what matters the most. So keep reading.
Stage 1: Arrest and Booking
What Happens
An arrest involves the police transporting you to a local jail for booking. The process includes:
- Recording your personal information like name and date of birth.
- Photographing you and taking your fingerprints.
- Inventorying your personal property.
- Running a check for outstanding warrants.
- Placing you in a holding cell.
Your Rights at This Stage
Booking can take two to eight hours in general. Here are your rights at this stage:
- You have the right to remain silent. Exercise it immediately.
- You have the right to an attorney. Request one before answering any questions.
- You have the right to make a phone call.
Stage 2: Bail and Pre-Arraignment Release
What Happens
These are the three outcomes possible before arraignment if you are booked:
- Citation release: Released with a written notice to appear. No bail is required.
- Own recognizance release: Released on a promise to appear without posting money.
- Bail: You post money or a bond through a bondsman. It is 10% of the total bail in general.
You will remain in custody until arraignment if none of the above apply.
How Bail Is Calculated
Judges use a county bail schedule as a starting point. It is then adjusted based on:
- Seriousness of the alleged offense.
- Your prior criminal history.
- Whether you are a flight risk or a danger to the community.
Stage 3: Arraignment
What Happens
The California arraignment process begins within 48 hours of arrest for in-custody defendants. But note that weekends and holidays are excluded. The judge will do the following at arraignment:
- Read the formal charges filed against you.
- Inform you of your constitutional rights.
- Ask you to enter a plea – guilty, not guilty, or no contest.
- Set and modify bail conditions or remove them.
The Critical Decision: Your Plea
Entering a “not guilty” plea at arraignment is the standard practice. It preserves every option available to you. You may also plead “guilty.” But that has its disadvantages. Your negotiating leverage will be gone before evidence can be reviewed by your attorney.
Misdemeanor vs. Felony Timelines
Arraignment after an arrest in California starts:
- For misdemeanor in custody: Within 48 hours.
- For misdemeanor out of custody: Within weeks to months.
- For felony in custody: Within 48 hours.
- For felony out of custody: Within weeks to months.
Stage 4: Preliminary Hearing – Only Felony Cases
What Happens
Felony cases go through a preliminary hearing. The purpose is to determine whether the prosecution has sufficient probable cause to proceed. This typically happens within ten court days of arraignment if the defendant is kept in custody, unless they waive time.
The preliminary hearing must be held within 60 days of the arraignment if the defendant is out of custody, unless the defendant waives time. These are what happens at a preliminary hearing in California:
- Key evidence and witnesses are presented – by the prosecution.
- Prosecution witnesses are cross-examined – By a defense attorney.
- Decision on proceeding with or dismissing the case – By the judge.
Why This Stage Matters Strategically
Preliminary hearing matters strategically because it helps with these:
- Lock in witness testimony under oath before trial.
- Reveal the prosecution’s evidence and theory early.
- Create grounds for suppression motions if constitutional violations occurred.
- Provide leverage for plea negotiations before trial costs escalate.
Stage 5: Pretrial Phase
What Happens
The pretrial phase involves:
- Discovery: Both sides will exchange evidence and witness lists. Police reports and lab results will also be shared.
- Defense investigation: Your attorney will interview the witnesses and consult experts.
- Pretrial motions: Pretrial motions will be filed with the aim of suppressing evidence or getting charges dismissed. It can also be used for reducing felonies to misdemeanors.
Plea Negotiations
Most cases in the California criminal process resolve here. A plea deal can produce:
- Reduced charges and lighter sentencing.
- Diversion programs resulting in dismissal upon completion.
- Avoidance of trial uncertainty entirely.
Stage 6: Trial
What Happens
Your case will proceed to trial if no resolution is reached. Here is when it begins after an arraignment:
- Misdemeanor trial (in custody): Within 30 days.
- Misdemeanor trial (out of custody): Within 45 days.
- Felony trial: Within 60 days of post-preliminary hearing arraignment.
It is the prosecution’s responsibility to prove guilt beyond a reasonable doubt. A not guilty verdict will end the case. But a guilty verdict will proceed to sentencing.
Stage 7: Sentencing and Post-Conviction Options
Sentencing Factors
The judge will determine your sentence based on the following:
- Nature and severity of the offense and your prior criminal history.
- Statutory sentencing ranges.
- Mitigating and aggravating factors from both sides.
Post-Conviction Options
Here are the options you have if you are convicted:
- Appeal: Challenging the legal errors made at trial.
- Motion for new trial: File it based on newly discovered evidence or juror misconduct.
- Petition for resentencing: Under California reforms including SB 483.
- Record expungement or sealing: After the sentence is served.
Need a Defense Attorney in California?
Every stage of California’s criminal process involves decisions that shape what comes next. You have more options if you hire an experienced legal counsel early. From challenging bail at arraignment and filing suppression motions in pretrial to negotiating charges before trial begins – a defense attorney’s involvement will change outcomes in ways that self-representation rarely can.
Do not wait if you or someone you know has been arrested in California. DCD LAW is available to advise and support you from the very first stage. Reach out today!
Frequently Asked Questions
1. Can You Drop Charges Before An Arraignment In California?
Yes. The prosecutor will first review the police report before arraignment. They have the full discretion to decline to file charges or reduce them. They may also file the charges as written. This is why you should hire an attorney before arraignment. Doing so can change the trajectory of your case before it formally begins.
2. What Is The Difference Between Misdemeanor And Felony Arrests In California?
Misdemeanors can lead to a maximum sentence of one year in county jail. But felonies carry more than one year. They may also involve state prison. The classification affects bail amounts and arraignment timelines. It also determines if a preliminary hearing is required. The expungement pathways available after conviction also depend on the arrest’s classification.
3. What Happens If I Miss A Court Date After A Release On Bail?
A bench warrant for your arrest can be issued by the judge. Your bail will also be forfeited. You may also face an additional criminal charge under the California Penal Code 1320.5 for not showing up in the court. Contact your attorney immediately if you miss a court date.
4. Can A Juvenile Arrest In California Affect Me In Adulthood?
Your juvenile records in California will generally be sealed once you turn 18. They can also be sealed five years after the jurisdiction of the juvenile court ends. But certain serious offenses tried in adult court are not automatically sealed. They require a separate petition process.
5. What Is A Marsden Motion? When Does It Apply?
A Marsden motion allows a defendant represented by a public defender to request a different appointed attorney. They have to argue that the current representation is inadequate. It is heard in a closed session by the judge. But this does not apply to privately retained attorneys. The remedy is simply to hire different counsel in such a case.
