If you or a loved one has been arrested for a committing a criminal offense in California, chances are this is your first such experience. As such, you may be wondering what is going to happen and how it all works. The following should be helpful:

Arrest or Citation – If the police feel that there is enough evidence to show that you committed crime, they will either:

1. Place you under arrest and take you to jail after which you will be taken to court

or

2. Give you a citation and provide you with a date to appear in court at a later time.

Either of these can happen at the same time as the act in question or sometime after a lengthier investigation by the police.

Arraignment – This will be your first appearance in court. You will be advised of the charges being made against you. The court will then ask you to enter a plea to the charges of “guilty” or “not guilty”. Your California criminal defense lawyer will enter a plea of “not guilty” on your behalf in order to allow time to get a copy of all the evidence, review it with you and ultimately form a strategy with you on how to best attack the case.

Pretrial Hearing – If your case is a misdemeanor, the court will set a pretrial hearing as the next court date. The purpose of this hearing is as follows:

1. To discuss the case with the prosecutor and/or the judge in an attempt to settle it.
2. To handle various legal issues such as making sure that the defense has been provided with all the evidence in preparation for a trial.

You should anticipate that a few pretrial hearings would be set in an effort to accomplish the above. If the case is neither dismissed nor settled, then it will be set for trial.

Preliminary Hearing – If your case is a felony, the court will set the matter for a preliminary hearing after your arraignment. This is a hearing in which the prosecutor has to present just enough evidence to the judge to show that you are the individual who committed the crime. This is NOT like a trial and does NOT mean that you are guilty if the judge decides that there is enough evidence for the case to continue. From a defense position, it is the first time opportunity to cross-examine your accuser(s) and poke holes in the case.

Felony Arraignment – If the judge decides at the preliminary hearing that there is enough evidence such that the case should continue, the case will be set for a new arraignment in the trial court. This is the court where your trial will take place in the event that the case does not settle. Once again, the judge will ask that you enter a plea to the charge(s) of “guilty” or “not guilty”. Your California criminal defense lawyer will enter a plea of “not guilty” for you. Thereafter, the case will be set for pretrial hearing, the purpose of which is described above.

Trial – Regardless of whether your case is a misdemeanor or felony, if you case is not dismissed, settled or if you have a valid defense to the charges, the case will be set for a jury trial. This is where 12 members from the community will sit and listen to the evidence and make a decision as to whether you are innocent or guilty of the charges.

Sentencing – After settlement of the case or a guilty verdict at trial you will be sentenced by the court. A misdemeanor case carries a maximum penalty of up to one year in county jail while a felony case has potential for more jail time in excess of one year depending on the actual charge(s). In either situation, the judge can also sentence you to probation, in which the threat of jail time is much less than the maximums stated above.