California Criminal Process – What to Expect
If you have been arrested or charged with a crime in California, understanding what happens next can help you make informed decisions about your defense. Although every criminal case is different, most California misdemeanor and felony cases follow a similar process.
Bail and Own Recognizance Release in California
One of the first issues after an arrest is whether the accused will remain in custody while the criminal case is pending.
Depending on the charges and circumstances, a defendant may be released on own recognizance (OR), released subject to conditions, required to post bail, or, in limited circumstances, detained without release.
California law strongly protects the right to pretrial release. In In re Humphrey (2021) 11 Cal.5th 135, the California Supreme Court held a court may not effectively detain a defendant merely because the defendant can not afford the amount of bail imposed. Courts must consider the defendant’s ability to pay and whether less restrictive conditions can reasonably protect public safety and ensure the defendant’s appearance in court.
More recently, in In re Kowalczyk (2026), the California Supreme Court further clarified California bail law. The Court held, as a general rule, bail must be reasonable under the totality of the circumstances and may not be set at an amount that is objectively unattainable for the defendant. A court generally can not use unaffordable bail as a means of imposing pretrial detention when detention is not otherwise authorized by the California Constitution.
When deciding release and bail, the court considers public and victim safety, the likelihood that the defendant will appear in court, available nonfinancial conditions of release, the defendant’s financial circumstances, and other facts specific to the case.
An experienced California criminal defense attorney can seek OR release, reduced bail, or appropriate release conditions and can challenge bail resulting in unlawful pretrial detention.
Arraignment in a California Criminal Case
The arraignment is generally the defendant’s first court appearance after criminal charges have been filed.
At arraignment, the defendant is informed of the charges and constitutional rights and enters a plea. When represented, the attorney will ordinarily enter the plea on the client’s behalf. Defense counsel will also begin obtaining and reviewing discovery, which commonly includes police reports and other evidence supporting the charges.
If the defendant is in custody, defense counsel can address bail or seek release. If the defendant is already out of custody, counsel can address any conditions of release and work to keep the client out of custody while the case proceeds.
California Preliminary Hearing Process
In most California felony cases filed by complaint, the defendant has the right to a preliminary hearing, also called a preliminary examination.
The preliminary hearing is not a trial. The judge determines whether there is sufficient evidence to believe a crime was committed and the defendant may have been involved.
Under California Penal Code section 859b, a preliminary hearing generally must be held within 10 court days after arraignment or plea unless the time is waived or legally sufficient grounds exist for a continuance. There is also a separate 60 calendar day limitation unless the defendant personally waives that right.
California law also generally requires a preliminary examination, once started, to be completed in one session unless statutory grounds permit a postponement.
What Happens at a Preliminary Hearing?
The prosecution presents evidence supporting the felony charges. The defense has the opportunity to cross examine prosecution witnesses and, where appropriate, present evidence.
The prosecution does not always have to call the alleged victim or every percipient witness. Penal Code section 872(b) permits qualified law enforcement officers to present certain hearsay evidence at a preliminary hearing.
The burden of proof at a preliminary hearing is substantially lower than the beyond a reasonable doubt standard required for conviction at trial.
If the judge finds sufficient cause, the defendant is held to answer for the felony charges.
Arraignment on the Information
After a defendant is held to answer at the preliminary hearing, the prosecutor files a new charging document called an Information.
The defendant is then arraigned on the Information and enters a plea. The court will also establish future hearing dates and a trial date.
The Information may include charges supported by the evidence presented at the preliminary hearing, even when those charges differ from the original complaint.
Under Penal Code section 1382, a defendant in a felony case generally has the right to be brought to trial within 60 days after arraignment on the Information unless the defendant waives time or another legal exception applies.
Plea Negotiations and Settlement Discussions
Most California criminal cases are resolved without a jury trial.
Throughout the case, defense counsel may negotiate with the prosecuting agency concerning dismissal of charges, reduction of charges, sentencing alternatives, or another negotiated disposition.
Effective plea negotiations require more than simply asking the prosecutor for a better offer. Defense counsel must understand the evidence, identify weaknesses in the prosecution’s case, evaluate potential motions and defenses, and determine whether the proposed resolution is actually in the client’s best interests.
The decision whether to accept a plea agreement always belongs to the client.
California Criminal Trial Process
If the case cannot be resolved and is not dismissed, it may proceed to trial.
In a jury trial, attorneys select a jury, make opening statements, present and challenge evidence, examine and cross examine witnesses, and make closing arguments.
The prosecution bears the burden of proving every required element of the charged offense beyond a reasonable doubt.
In a California criminal jury trial, all 12 jurors must unanimously agree before the defendant can be convicted.
If the jury cannot reach a unanimous verdict, the court may declare a mistrial. Depending on the circumstances, the prosecution may seek to retry the case.
Sentencing in a California Criminal Case
Sentencing occurs after a conviction, whether the conviction results from a guilty or no contest plea or a verdict after trial.
In many felony cases, the probation department prepares a presentence investigation report addressing the offense, the defendant’s criminal history and personal circumstances, restitution, probation eligibility, and other sentencing considerations.
At sentencing, defense counsel can present mitigating evidence and arguments supporting the most favorable lawful sentence.
Depending on the offense and circumstances, sentencing may include probation, county jail, state prison, fines, restitution, treatment programs, protective orders, firearm restrictions, registration requirements, or other conditions.
Sentencing advocacy can significantly affect the ultimate outcome of a criminal case.
Appealing a California Criminal Conviction
A defendant may have the right to appeal certain legal errors occurring during the criminal case, trial, plea proceedings, or sentencing.
Appeal deadlines are short.
In a California felony case, a notice of appeal generally must be filed within 60 days after the judgment or appealable order.
In a misdemeanor case, the notice generally must be filed within 30 days.
The notice of appeal is filed in the trial court, not directly with the Court of Appeal or appellate division.
Additional requirements may apply to appeals following a guilty or no-contest plea.
Contact California Criminal Defense Attorney Jacob Zamora
If you have been arrested, charged with a misdemeanor or felony, or are facing criminal proceedings in Northern California, experienced representation can make a substantial difference at every stage of the case.
For more information about our legal services, visit the Jacob Zamora, Esq., home page.
Contact Jacob Zamora, Esq. to discuss your California criminal defense case.
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