The criminal court process in California begins when a person is suspected of breaking the law and can involve several steps, including arrest, formal hearings, negotiations, trial, and possible sentencing or appeals. Understanding the stages involved and the different procedures for minor and serious offenses can help individuals make informed decisions and protect their rights throughout the case.

Cases involving minor violations usually follow a simpler path, while more serious accusations require additional hearings and may involve lengthy proceedings. Legal representation is crucial at every step to ensure the accused receives fair treatment, especially because misunderstandings or missed deadlines can negatively affect the outcome. Those concerned about charges or arrests should consider consulting with California criminal defense attorneys who can provide guidance tailored to their situation.

By recognizing the key phases and what to expect, anyone facing legal challenges in California can better prepare for what lies ahead. This overview offers clarity on the court’s process from start to finish, highlighting important points without unnecessary confusion.

Infractions

Infractions in California consist mainly of minor violations, often related to traffic laws. These are not considered criminal acts but civil offenses. Examples include speeding, illegal U-turns, and running red lights.

People charged with infractions face penalties typically limited to monetary fines. The maximum fine usually does not exceed $250. Unlike more serious offenses, infractions do not carry jail time or probation.

In cases involving infractions, the procedure is straightforward. Individuals can contest the charge in a bench trial, where a judge alone determines the outcome. There is no option for a jury trial in these matters.

The state is not required to provide legal counsel for infractions. However, defendants may choose to hire an attorney to assist with their case. If found responsible, the violation is recorded with the Department of Motor Vehicles (DMV), potentially adding points to the driving record.

The impact of points on a driver’s record can influence insurance rates and driving privileges. While infractions are less severe than other offenses, handling them appropriately helps avoid further consequences.

Misdemeanors

Misdemeanor cases in California follow a clear sequence of events from the initial investigation through court proceedings. The process includes arrest procedures, hearings, and the opportunity to respond to charges. Each stage plays a crucial role in how the case is resolved or contested.

Legal definition of a misdemeanor

A misdemeanor in California refers to less severe offenses than felonies, typically punishable by up to one year in county jail. These crimes can include theft, simple assault, DUI, and certain drug offenses. Unlike felonies, misdemeanors generally do not lead to state prison time.

Penalties may also involve fines, probation, community service, or mandatory programs. Misdemeanors remain on criminal records but may carry fewer long-term consequences than more serious crimes. However, the legal impact should not be underestimated because repeat offenses or specific charges can escalate the severity of penalties.

Investigation

Law enforcement begins by gathering evidence related to the misdemeanor. This could involve eyewitness statements, surveillance footage, or physical evidence at the scene. Officers assess whether they have sufficient grounds to pursue charges.

During this stage, police may conduct interviews or review records to build a case. If there is probable cause, the investigation can move toward making an arrest or issuing a citation. The thoroughness and legality of evidence collection affect the strength of the prosecution’s case.

Arrest

An individual may be taken into custody if officers witness a crime or have probable cause to believe one was committed. An arrest can lead either to an immediate jail booking or issuance of a citation requiring a future court appearance.

During booking, personal information is recorded, and fingerprints or photographs may be taken. However, many misdemeanor cases start with citations that avoid detention. The choice often depends on the offense, the individual’s history, and discretionary decisions by law enforcement.

Arraignment

The defendant’s initial court appearance occurs at arraignment, where charges are formally read. The court ensures the defendant understands the accusations and legal options. They must enter a plea of guilty, not guilty, or no contest.

Arraignment also typically involves setting bail or release terms. Defendants out of custody have up to 45 days for their trial date, while those in custody have 30 days. This hearing sets the foundation for how the case will proceed and allows for early plea negotiations or motions to dismiss.

Pre-trial process

Once a not guilty plea is entered, the case moves into the stage where defense and prosecution prepare arguments and evidence exchanges. This includes filing motions to challenge evidence or potentially seek dismissal based on procedural errors, such as unlawful searches.

Discovery allows both sides to review the opposing party’s proof. Negotiations for plea agreements may occur during this period, aiming to resolve the case without trial. The defense might also develop strategies to undermine the prosecution’s claims or highlight weaknesses in the case.

Trial

If the case is not resolved earlier, it proceeds to trial before a judge or jury. The prosecution must demonstrate guilt beyond a reasonable doubt. The defense responds by questioning witnesses, challenging evidence, and presenting contradictory testimony.

Trials focus on facts and credibility, with the outcome decided by either the judge or the jury. Defendants found guilty face sentencing, which can include jail time, probation, or fines, depending on the offense and circumstances. Trials offer the last chance to contest the charges fully through legal argument and presentation.

Felonies

Felony cases involve serious charges that follow specific steps, starting from legal classification to trial. These stages ensure procedural fairness and address the severity of the offense.

Legal definition of a felony

A felony in California is classified as a crime punishable by imprisonment in state prison for more than one year. It generally includes violent crimes, significant thefts, and offenses with greater harm or risk involved. Unlike lesser charges that are handled in local jails, felony sentences involve more extended incarceration periods and sometimes additional penalties like fines or probation.

Felonies may also carry enhanced consequences such as longer parole terms or restrictions after release. Some offenses can be charged either as misdemeanors or felonies based on the facts and prosecutorial discretion.

Investigation and arrest

The felony process often begins with law enforcement gathering evidence indicating probable cause of the defendant’s involvement in a serious crime. Police may conduct interviews, collect physical proof, and conduct surveillance before detaining the suspect.

Upon arrest, the individual is taken into custody. Law enforcement agencies have a limited timeframe, typically 48 hours, to bring the suspect before a judicial officer. If the arrest occurs without a warrant, officers must meet criteria that justify immediate detention based on crime severity or risk of flight.

Arraignment

The initial court appearance, known as an arraignment, occurs quickly after arrest. During arraignment, the defendant is officially informed of the charges and asked to enter a plea.

The judge reviews bail or release conditions, deciding whether the suspect should be held in custody or released on their own recognizance. This hearing sets the foundation for how the defendant’s case will proceed, including timelines for subsequent hearings.

Preliminary hearings

The preliminary hearing determines if sufficient evidence exists to continue prosecuting the felony. The prosecution must demonstrate probable cause that the defendant committed the crime.

At this stage, both sides may present witnesses and evidence. The judge evaluates whether the case should move forward to trial or if charges should be dismissed due to insufficient proof. This hearing protects defendants from unwarranted trials.

Second arraignment

If the preliminary hearing finds adequate evidence, the defendant returns to court for a formal reading of charges, also called the felony arraignment or indictment. This defines the charges more precisely based on investigation outcomes.

At this point, the defendant may change their plea, and the court confirms trial dates. Legal counsel and prosecution finalize case strategies, including negotiations or motions to influence the trial course.

Pre-trial process and trial

The pre-trial period includes discovery, motion hearings, and possible plea negotiations. Both parties exchange information, examine evidence, and file legal requests such as suppressing evidence or dismissing charges.

If no plea agreement is reached, the case proceeds to trial. The trial involves jury selection, opening statements, witness testimonies, cross-examinations, and closing arguments. The prosecution must prove guilt beyond a reasonable doubt for a conviction.

Post-Conviction

After a conviction, defendants have limited but important options to challenge the outcome, seek a different result, or alter the sentence. These options require timely action and specific grounds to succeed.

Motion for a new trial

A motion for a new trial requests the court to reconsider the verdict based on issues that occurred during the original trial. Common reasons include newly discovered evidence, procedural errors, or misconduct by the prosecution that may have compromised the defendant’s right to a fair proceeding.

Judges often approach these motions cautiously, and the defendant must clearly demonstrate that the alleged problem could have changed the trial’s outcome. This motion must be filed within a strict timeframe, usually shortly after the verdict is entered. If granted, the defendant faces a fresh opportunity to contest the charges.

Sentencing hearing

The sentencing hearing follows a conviction and determines the punishment imposed. During this process, both defense and prosecution can present information such as victim impact statements, prior records, or mitigating factors. The judge evaluates all submitted evidence and applicable statutes before setting the sentence.

Defendants may request modifications at this stage, including reductions or alternative penalties, but success depends on the court’s discretion and legal provisions like sentencing reform laws. Staying engaged during this hearing is crucial to potentially lessen the severity of the consequences.

Appeal

An appeal is the formal legal process used to review and challenge a court’s decision after sentencing. Appeals focus on identifying errors made during the trial that affected the fairness or legality of the result. These errors might include incorrect application of law, improper jury instructions, or insufficient evidence.

Appellate courts do not retry the case but evaluate the trial record and arguments submitted in written briefs and sometimes oral arguments. Defendants must file appeals within prescribed deadlines, and success can nullify the original conviction or lead to a remand for a new trial or resentencing.

Facing the criminal justice system can feel overwhelming, but you don’t have to go through it alone. Our Rosemead criminal defense attorneys are here to fight for your rights, explain your options, and work toward the best possible outcome in your case. Contact us today to get started.