The 6 Stages of the CA Criminal Justice Process

Posted in General FAQ'S on January 2, 2018

The cops recently put you under arrest in California. They handcuffed you, read you your rights, booked you into the jailhouse – the whole nine yards. Now you’re on the brink of the California criminal court process and don’t know what to expect. Understanding at least a basic outline of the average criminal case can help you prepare yourself for what lies ahead.

Here’s how California’s criminal justice process works, in layman’s terms:

1. Arrest

Police will arrest you for an alleged wrongdoing. They must have probable cause to make an arrest, either from something they witnessed or a report someone else made against you. The police will provide evidence and reports about your case to the prosecuting attorney, who will make the official criminal charges during the “Filing of the Complaint.” You can request to speak with a criminal defense attorney at any time during the arrest and questioning processes- and you should.

2. Arraignment

You will most likely spend one or more nights in the county jail before the arraignment, or the formal reading of your criminal charges. At the arraignment, a judge may set bail if applicable. Bail is a kind of insurance policy that you will attend future court dates instead of skipping out. The defendant (the party pressing charges against you) will attend the arraignment. You – the charged – will enter a plea of “guilty,” “not guilty,” or a peremptory plea that says why a trial can’t proceed. For the arraignment, we highly recommend you have a defense attorney by your side to protect your rights.

3. Preliminary Hearing

After arraignment, you will wait inside or outside of jail depending on the bail situation. You and your lawyer will prepare for the preliminary hearing, or the court date that comes before the main jury trial. At this hearing, which will happen for all felony charges, the judge will determine whether enough evidence against you exists to support the charges. If there is probable cause, the case will go to the Superior Court. If not, the judge can drop the charges.

4. Pre-Trial Conference

Prior to your official trial before the Superior Court, you will attend a pre-trial conference with your defense attorney. Attorneys from both sides will discuss the case, often before a judge. This is where the opportunity for a plea bargain may arise. A plea-bargain is a negotiation in which the defendant (the person charged for the crime) will plead guilty to a lesser charge instead of going to trial for a greater charge with a “not guilty” plea.

5. Trial

The jury trial is where both attorneys will have opportunities to make statements and arguments, present evidence, and cross-examine witnesses before 12 members of the jury. After the trial, the jury will go into deliberation about whether the defendant is guilty of some or all the charges. A not-guilty verdict means the defendant is free to go. A guilty verdict means the defendant will have to return for sentencing.

6. Sentencing and Appeals

During the sentencing hearing, the judge will determine the appropriate punishment for a defendant the jury previously found guilty at trial. Sentences can include jail or prison time, fines, probation, and loss of rights. After a conviction, a defendant can appeal (argue against) a conviction with the appellate court. Appeals may succeed if the defendant can prove the trial court made legal errors or denied you due process of law (a fair trial).