Criminal Court Process in California

Criminal Court Process in California

LAPD arrests you Saturday night for felony assault—you’re booked at county jail, you’re in holding cell with 20 other people, you haven’t slept, you don’t know what happens next. Monday morning they take you to arraignment court, judge reads charges, you plead not guilty, bail set at $50,000. You post bail, you’re home Tuesday. You’re thinking “what are the stages of a criminal case in California, how long does this take to resolve, what happens at each stage, when do I get my day in court?”

What Stages Am I Going Through?

What are the stages of a criminal case in California? Seven stages from arrest to sentencing. Stage 1: Arrest and booking—police arrest you, book you at county jail, photograph and fingerprint you, you’re held 48-72 hours maximum until arraignment. Stage 2: Arraignment—first court appearance at California court, judge reads charges, you enter plea (not guilty, guilty, or no contest), judge sets bail, you’re assigned public defender if you cannot afford attorney. Stage 3: Preliminary hearing for felonies only—judge determines if there’s probable cause to proceed to trial, prosecutor presents witnesses, defense can cross-examine, judge decides if enough evidence exists. Stage 4: Pretrial motions—defense attorney files suppression motions if illegal search occurred, Pitchess motions for police misconduct records, motions to dismiss if insufficient evidence. Stage 5: Plea bargaining—prosecutor offers plea deal (plead guilty to lesser charge or reduced sentence), 90% of California criminal cases resolve via plea without going to trial. Stage 6: Trial—jury selection, opening statements, prosecutor presents case with witnesses and evidence, defense presents case or rests, closing arguments, jury deliberates and returns verdict. Stage 7: Sentencing—if convicted, judge imposes sentence (can be immediate or 30-90 days later for probation report). Why understanding stages matters to YOUR life—you know what’s coming next so you can prepare, you hire attorney EARLY before critical deadlines pass, you avoid mistakes like missing court dates (results in bench warrant and bail revocation) or violating bail conditions (results in jail until trial). Right now you’re confused and scared—knowing “I’m at arraignment, next is preliminary hearing in 30 days, then trial in 6-12 months” gives you roadmap instead of feeling lost in process.

How Long Is This Going to Take?

How long does it take for a criminal case to go to trial in California? Arrest to arraignment is 48-72 hours, arraignment to preliminary hearing is 10-60 days for felonies, preliminary hearing to trial is 60 days if you’re in custody OR 6-12 months if you’re out on bail. Total timeline—misdemeanor cases typically resolve in 2-6 months, felony cases typically take 6-18 months, murder or serious felonies can take 2-5 years. Trial itself lasts 2-5 days for simple case or 2-3 weeks for complex case. Factors that speed up or delay case—if you’re in custody case moves faster because you have constitutional right under California Penal Code to speedy trial within 60 days, if you’re out on bail prosecutor has more time and 6-12 months is typical, continuances add months every time (attorney not ready, witness unavailable, court backlog adds delay). Impact on YOUR life—you’re facing felony assault charge, you post $50,000 bail (paid bail bondsman $5,000 non-refundable fee), you’re out but living under bail conditions for 6-12 months. Bail conditions include cannot leave Los Angeles County without court permission, weekly check-ins with pretrial services, random drug testing (fail one test and bail revoked), cannot contact alleged victim (one text message and you’re back in jail), cannot possess weapons. You have wife and kids—how do you explain to 8-year-old daughter why you can’t go to her birthday party in San Diego because you’re on bail conditions and can’t leave LA County without permission? You have job—how long can employer hold your position while you’re dealing with court dates every month for a year, missing work for hearings, dealing with stress of pending charges? You’re living in limbo for 6-12 months not knowing if you’re going to prison, cannot make long-term plans, cannot travel for work, cannot move forward with your life until case resolves.

What Happens at Each Stage?

What are the 7 steps to the criminal process? Step 1: Arrest and booking—police read Miranda rights (“you have right to remain silent, anything you say can be used against you”), book you at jail, photograph and fingerprint you, hold you in cell until arraignment, common mistake is talking to police without lawyer present (you think you’re explaining your side but you’re building prosecutor’s case). Step 2: Arraignment—you appear before judge, judge reads charges, you enter plea, judge sets bail, common mistake is missing arraignment which results in bench warrant and bail revocation. Step 3: Preliminary hearing for felonies—judge determines probable cause, prosecutor calls witnesses to testify you committed crime, defense attorney cross-examines witnesses, judge decides if enough evidence to proceed to trial (if judge finds no probable cause charges dismissed), common mistake is not hiring attorney early so they have no time to investigate witnesses before preliminary hearing. Step 4: Pretrial motions—attorney files suppression motion if police conducted illegal search (if evidence suppressed case often dismissed), Pitchess motion for police misconduct records, motion to dismiss if insufficient evidence, common mistake is waiting too long to hire attorney so motion deadlines pass (suppression motions must be filed before trial, miss deadline and cannot suppress evidence). Step 5: Plea bargaining—prosecutor offers deal, you plead guilty to lesser charge or accept reduced sentence in exchange for avoiding trial, 90% of cases resolve via plea, common mistake is not understanding trial penalty (prosecutor offers 3 years if you plead guilty, you reject offer and go to trial, lose at trial, judge sentences you to 9 years—that 6-year difference is trial penalty, punishment for exercising right to jury trial). Step 6: Trial—jury selection (attorneys question potential jurors), opening statements (prosecutor and defense preview their cases), prosecutor presents case with witnesses and evidence, defense presents case or rests without presenting evidence, closing arguments (attorneys summarize evidence), jury deliberates and returns verdict, common mistake is lying on witness stand (get caught in lie and lose all credibility, jury assumes everything you said is lie). Step 7: Sentencing—if convicted judge imposes sentence, can be immediate or 30-90 days later to allow probation department to prepare sentencing report, judge considers factors like criminal history, severity of crime, remorse, victim impact.

What’s the Hardest Part to Win?

What is the hardest criminal case to beat? Hardest cases to beat are recorded confession to police, multiple independent eyewitnesses, video evidence showing you committing crime, DNA or forensic evidence, caught red-handed with drugs/weapon/stolen property. California conviction rate is approximately 70%—of 100 defendants, 70 are convicted, 30 are acquitted or get charges dismissed. That includes 90% who plead guilty, so of 10 who actually go to trial maybe 7 are convicted and 3 are acquitted. If public defender handles your case conviction rate is higher because they’re overworked (500 active cases, 7 minutes per case) and under-resourced (no budget for private investigators or expert witnesses). Factors that make case WINNABLE—illegal search or seizure that suppresses key evidence (police searched your car without warrant or probable cause, evidence gets excluded, prosecution cannot prove case), weak witness credibility (alleged victim has given five different stories, has prior convictions for lying, has bias or motive to lie), lack of physical evidence (he-said-she-said case with no corroboration), alibi witnesses placing you somewhere else when crime occurred, prosecutor cannot prove all elements beyond reasonable doubt. Realistic assessment for YOUR case—you’re charged with assault, alleged victim says you hit them, no other witnesses, no video, no injuries requiring hospital visit—that’s he-said-she-said case that COULD be won at trial OR negotiated to reduced charge like disturbing peace. Versus you’re charged with assault, three witnesses saw you hit victim, victim has broken jaw requiring surgery, you posted photos on Instagram bragging about fight—that’s HARD case to win, prosecutor has overwhelming evidence, you should seriously consider plea deal. Trial penalty is REAL—prosecutor offers 3 years if you plead guilty, you reject offer because you think you can win at trial, you lose at trial, judge sentences you to 9 years. That 6-year difference is trial penalty, punishment for exercising constitutional right to jury trial. Is it equal justice when prosecution has unlimited resources (California courts fund DA office with investigators, forensic labs, expert witnesses) while defendant gets overworked public defender with 500 cases and 7 minutes per case? Same courtroom, same charges, different outcomes based solely on resources.

212-300-5196.