Being arrested can be overwhelming, especially if you have never been involved in the criminal justice system before. An arrest does not mean that you have been found guilty. In California, the criminal process generally moves through several stages, beginning with the arrest and potentially ending in dismissal, a negotiated resolution, or trial.
Understanding what happens next can help you protect your rights and make informed decisions about your case.
1. You Are Arrested and Booked
After an arrest, law enforcement generally takes the person into custody and transports them to a jail or other detention facility for booking. The booking process may include recording identifying information, taking fingerprints and photographs, and documenting the alleged offense.
Depending on the circumstances and the county, a person may be released after booking, released on their own recognizance, released subject to conditions, or remain in custody pending a court hearing. California’s pretrial release system considers factors such as public safety and the likelihood that the person will return to court.
2. The Prosecutor Decides Whether to File Charges
An arrest does not automatically mean that criminal charges will be filed.
The prosecutor reviews the available information and determines whether to file a criminal case. If charges are filed, they are generally set out in a document called a Complaint.
In general, a person who remains in custody cannot simply be held indefinitely without charges. California Courts explains that, subject to applicable rules and exceptions, a person generally must be released if the prosecutor does not file charges within the applicable deadline.
3. You Go to Arraignment
The arraignment is generally the defendant’s first court appearance.
At the arraignment, the judge will explain the charges and constitutional rights. The defendant will also enter a plea, typically:
- Not guilty
- Guilty
- No contest (nolo contendere)
A person should speak with an attorney before entering a guilty or no-contest plea because a conviction can have consequences beyond jail or fines, including potential immigration and professional consequences.
If the defendant cannot afford an attorney, the court must appoint one for qualifying defendants.
4. The Court Addresses Release and Bail
If the defendant is still in custody, the judge may address whether the defendant should remain in custody or be released while the case is pending.
Depending on the circumstances, the court may:
- Release the defendant on their own recognizance;
- Impose conditions of release;
- Order electronic monitoring or other supervision;
- Set bail; or
- Order continued detention where permitted by law.
The court considers factors that can include the seriousness of the alleged offense, public safety, and the likelihood that the defendant will appear in court.
In some cases, particularly cases involving alleged domestic violence or other serious offenses, the court may also issue a criminal protective order restricting contact with an alleged victim or other protected persons.
5. The Defense Attorney Obtains and Reviews Discovery
If the defendant pleads not guilty, the case generally moves into the pretrial stage.
The prosecution and defense exchange information and evidence, commonly referred to as discovery. This may include police reports, photographs, videos, laboratory results, witness statements, and other evidence relevant to the allegations.
A defense attorney can review the evidence, investigate the allegations, identify weaknesses in the prosecution’s case, and determine whether motions should be filed.
6. The Case May Be Resolved Before Trial
Many criminal cases do not go to trial.
During the pretrial process, the defense and prosecution may negotiate a resolution. Depending on the facts and charges, a case might be:
- Dismissed;
- Reduced to a lesser offense;
- Resolved through a plea agreement;
- Resolved through diversion or another alternative program when available; or
- Set for trial.
A defense attorney may also file appropriate motions challenging evidence or seeking dismissal of some or all charges.
7. Felony Cases May Proceed to a Preliminary Hearing
If the defendant is charged with a felony, the case will generally involve a preliminary hearing unless the case is resolved beforehand or the defendant waives the hearing.
At a preliminary hearing, the judge determines whether there is sufficient evidence for the case to proceed. The hearing is not a determination of guilt or innocence.
If the case proceeds beyond the preliminary hearing, additional court proceedings occur before a potential trial.
8. The Case May Go to Trial
If the charges are not dismissed and the parties cannot reach an acceptable resolution, the case may proceed to trial.
A defendant has the right to a jury trial in criminal cases. At trial, the prosecution must prove the charged offense beyond a reasonable doubt. The defense has the opportunity to challenge the prosecution’s evidence and present a defense.
What Should You Do After Being Arrested?
If you have been arrested or believe you may be investigated for a crime, some of the most important steps are:
Do not discuss the facts of your case with police without first speaking with an attorney.
Do not post about your case on social media.
Do not contact an alleged victim if a protective order prohibits contact.
Do not ignore your court date or release conditions.
Speak with a criminal defense attorney as early as possible.
Early legal representation can sometimes allow an attorney to become involved before charges are filed, evaluate the evidence, communicate with prosecutors, and explore potential resolutions before the case becomes more complicated.
Arrested in Newport Beach or Orange County?
If you or a family member has been arrested in Newport Beach or elsewhere in Orange County, the next steps can depend heavily on the specific charges, your criminal history, whether you are in custody, and the evidence available to the prosecution.
The Logrue Law Firm represents individuals facing criminal charges in California and can evaluate your case and explain your legal options.
Contact The Logrue Law Firm for a confidential consultation with an experienced California criminal defense attorney.
This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every criminal case is different. If you are facing criminal charges, consult with a qualified California criminal defense attorney regarding the specific facts of your case.