Got A Criminal Case in California? 

The Court Process, A Step by Step Guide

If you or a loved one has been arrested or charged with a crime in Los Angeles, the court process can feel overwhelming. This guide from CBS Law explains each stage of a California criminal case — from arraignment through trial — for both misdemeanors and felonies, so you know what to expect at every hearing.

What Is an Arraignment?

The arraignment is the first court hearing in every California criminal case, whether the charge is a misdemeanor or a felony. Four important things happen at an arraignment:

1. You learn the charges. The defendant is formally told which crimes the government is accusing them of committing.
2. You enter a plea. Through their attorney, the defendant enters a responsive plea: guilty, not guilty, or no contest (also called nolo contendere). In criminal court, a no contest plea has the same effect as a guilty plea — the defendant is convicted and sentenced just as if they had pleaded guilty. So why plead no contest instead of guilty? In misdemeanor cases, California law bars a no contest plea from being used against the defendant in a civil lawsuit arising out of the same act. (California Penal Code section 1016.) For example, if a defendant pleads no contest to a misdemeanor after a bar fight and is later sued by the other person for their injuries, the plea generally cannot be used as an admission of fault in that civil case — unlike a guilty plea. Important: this civil protection applies only to misdemeanors. For a crime punishable as a felony, the law treats a no contest plea the same as a guilty plea for all purposes, including in a later civil case.
3. You receive the initial evidence. The prosecution provides an initial packet of discovery — the starting set of evidence in the case, such as police reports.
4. The judge decides release status. The judge determines whether the defendant will be released on their own recognizance (an “O.R. release,” meaning release on a promise to return to court) or whether a monetary bail amount will be set.

The Misdemeanor Court Process in California

Step 1: Arraignment

The misdemeanor process begins with the arraignment described above.

Step 2: Pretrial Hearings

After the arraignment, the case is set for one or more pretrial hearings. The name can be misleading — a pretrial hearing does not mean trial is next. “Pretrial hearing” is simply the name for the hearings that take place after the arraignment but before a trial.

At pretrial hearings, both sides:

• Exchange evidence (discovery)
• Litigate motions
• Negotiate a possible resolution
• Argue disputed issues
• Set the schedule for future court dates

Many misdemeanor cases resolve at this stage — either through dismissal or a negotiated disposition, commonly called a “plea bargain.”

Step 3: Trial

If the case is not dismissed and no negotiated disposition is reached, the case is set for trial. (Trial types and phases are explained below — they are the same for misdemeanors and felonies.)

How Fast Does a Misdemeanor Case Move?

California’s speedy trial law generally entitles a misdemeanor defendant to a trial within 30 days of arraignment if they are in custody, or 45 days if they are out of custody, unless the defendant waives time. (California Penal Code section 1382.)

The Felony Court Process in California

Step 1: Arraignment

The felony process begins with the same arraignment described above: charges, plea, initial discovery, and release status.

Step 2: Preliminary Hearing

After the arraignment, a felony case is set for a preliminary hearing — a short evidentiary hearing where the prosecution calls witnesses to testify and introduces exhibits of evidence.

The purpose is not to persuade a jury that the defendant is guilty beyond a reasonable doubt. Instead, the prosecution must persuade the judge that probable cause exists to believe the defendant committed the alleged crimes.

• If the judge finds probable cause, the judge holds the defendant to answer, and the case proceeds.
• If the judge finds the prosecution’s evidence did not establish probable cause, the judge dismisses the case.

A defendant who is in custody is generally entitled to a preliminary hearing within 10 court days of the arraignment or plea, unless time is waived. (California Penal Code section 859b.)

Step 3: Arraignment on the Information

If the defendant is held to answer, the prosecution files a new charging document called an information, and the defendant is arraigned a second time — this hearing is called the arraignment on the information. Through counsel, the defendant enters a responsive plea to the charges that were proven up at the preliminary hearing.

Step 4: Pretrial Hearings

Just like in misdemeanor cases, the case then proceeds to pretrial hearings, where the parties exchange evidence, litigate motions, negotiate, argue, and schedule future court dates. If the case is not dismissed and no plea bargain is reached, the case is set for trial.

In felony cases, the defendant is generally entitled to a trial within 60 days of the arraignment on the information, unless time is waived. (California Penal Code section 1382.)

What Happens at a California Criminal Trial?

Bench Trial vs. Jury Trial

There are two kinds of criminal trials in California:

• Bench trial: A judge alone decides whether the prosecution has proven the defendant guilty beyond a reasonable doubt. A bench trial occurs only if both the defendant and the prosecution waive the right to a jury.
• Jury trial: Twelve members of the community — the jurors — decide whether the prosecution has proven the defendant guilty beyond a reasonable doubt.

The Phases of a California Jury Trial

1. Pretrial motions (motions in limine). The parties litigate motions about what evidence the jury will and will not hear.
2. Jury selection (voir dire). The judge, the defense, and the prosecution select the jurors and alternate jurors from the prospective jury pool.
3. Opening statements. The prosecutor and the defense take turns telling the jury what they expect the evidence at trial will show.
4. The prosecution’s case. The prosecutor calls witnesses to the stand to answer the prosecutor’s questions (direct examination), and the defense then questions each witness (cross-examination). The prosecution also introduces exhibits of evidence.
5. The defense’s case. The defense may present its own witnesses through direct examination and introduce its own exhibits of evidence.
6. Closing arguments. The prosecutor and the defense take turns arguing to the jury whether the evidence demonstrates the defendant is guilty beyond a reasonable doubt.
7. Jury deliberation. The jurors meet privately to discuss, debate, and determine whether the evidence proves the defendant guilty beyond a reasonable doubt.
8. The jurors announce whether they have unanimously found the defendant guilty or not guilty.

What Happens After the Verdict?

• Guilty verdict: The judge sentences the defendant — imposes the punishment.
• Not guilty verdict: The judge dismisses the case.
• No unanimous verdict: The judge declares a mistrial and determines whether the case will be dismissed or scheduled for another trial.

Frequently Asked Questions About the California Criminal Court Process

Facing Criminal Charges in Los Angeles? CBS Law Can Help.

Every stage of the process described above is an opportunity for an experienced defense attorney to protect your rights, challenge the prosecution’s evidence, and fight for the best possible outcome — whether that means dismissal, a favorable negotiated disposition, or victory at trial.

Contact CBS Law today for a consultation about your case.