Being arrested or charged with a crime can leave you facing unfamiliar terminology, urgent court dates, and difficult decisions. Although every case is different, most California criminal cases move through several recognizable stages: filing charges, arraignment, pretrial proceedings, trial, sentencing, and possible post-conviction relief.
Understanding these stages can help you prepare for what comes next. It is equally important to remember that an arrest is not a conviction. The prosecution must prove every element of the charged offense beyond a reasonable doubt.
If you are facing misdemeanor or felony charges in El Dorado, Placer, or Sacramento County, McGinity Law Office can review your circumstances, explain your options, and help you develop an individualized defense strategy.
1. The Prosecutor Decides Whether to File Charges
An arrest does not automatically mean that formal charges will be filed. After reviewing police reports and other available evidence, a prosecutor may:
- File the recommended charges;
- File different or additional charges;
- Ask law enforcement to investigate further; or
- Decline to file a case.
When charges are filed, the prosecution generally begins the case with a document called a complaint. The complaint identifies the alleged crimes and provides basic information about the accusations.
A person held in custody ordinarily must be brought before a magistrate without unnecessary delay and generally within 48 hours, excluding Sundays and court holidays, subject to statutory timing rules. Release from custody because charges were not filed by that deadline does not necessarily prevent prosecutors from filing a case later.
2. The Arraignment
The arraignment is usually the defendant’s first formal court appearance. At this hearing, the court advises the defendant of the charges and constitutional rights. The defendant is then asked to enter a plea—commonly not guilty, guilty, or no contest.
The judge may also address:
- Appointment of counsel;
- Bail or release on the defendant’s own recognizance;
- Conditions of release;
- Protective or stay-away orders; and
- Future hearing dates.
A guilty or no-contest plea can have consequences beyond incarceration and fines, including effects on employment, professional licensing, immigration status, firearm rights, and future sentencing. A defendant should obtain legal advice before entering such a plea.
3. Pretrial Proceedings
When a defendant pleads not guilty, the case moves into its pretrial phase. This is often where much of the defense work occurs.
Reviewing the Evidence
The prosecution and defense exchange information through a process called discovery. Depending on the case, discovery may include police reports, body-camera recordings, photographs, laboratory results, witness statements, dispatch records, and digital evidence.
A defense attorney can evaluate whether the evidence supports the charges, whether important material is missing, and whether law enforcement obtained evidence lawfully.
Filing Motions
Either side may ask the judge to decide legal issues before trial. Depending on the facts, defense motions may challenge a search or seizure, seek exclusion of statements, request additional discovery, or address whether particular evidence can be presented to a jury.
Negotiating a Possible Resolution
Many criminal cases are resolved without a trial. Negotiations may concern dismissal or reduction of charges, sentencing terms, treatment programs, or other conditions. Whether a proposed agreement is reasonable depends on the evidence, available defenses, the defendant’s priorities, and the consequences of a conviction.
Accepting an agreement remains the defendant’s decision. A defense lawyer’s role includes explaining its benefits, risks, and alternatives.
Preliminary Hearings in Felony Cases
A felony case will generally include a preliminary hearing unless that hearing is waived or the case proceeds through another authorized procedure. At the hearing, the judge determines whether sufficient evidence exists to require the defendant to stand trial. This is not the trial itself, and the prosecution’s burden is lower than proof beyond a reasonable doubt.
4. Trial
If the case is not dismissed or resolved by agreement, it may proceed to trial. A defendant charged with a misdemeanor or felony generally has the right to a jury trial.
At trial:
- A jury is selected.
- The prosecution and defense may give opening statements.
- The prosecution presents witnesses and evidence.
- The defense may cross-examine prosecution witnesses.
- The defense may present evidence but is not required to do so.
- The parties make closing arguments.
- The judge instructs the jury on the law.
- The jury deliberates and attempts to reach a verdict.
The defendant has the right to remain silent. The prosecution carries the burden of proving every element of every charged offense beyond a reasonable doubt. A California criminal jury must unanimously agree before returning a guilty verdict.
5. Sentencing
Sentencing occurs if the defendant pleads guilty or no contest, or is found guilty at trial. The possible sentence depends on the offense, enhancements, prior record, applicable sentencing laws, and the circumstances of the case.
Potential consequences may include:
- County jail or state prison;
- Probation;
- Fines and assessments;
- Victim restitution;
- Counseling or treatment;
- Community service;
- Protective orders;
- License restrictions; or
- Other offense-specific conditions.
In a felony matter, a probation officer will often prepare a report containing background information and a sentencing recommendation. Both sides may submit information and argue for a particular sentence. Victims also have the right to provide information to the court.
6. What Can Happen After Sentencing?
A conviction does not necessarily end every legal option. Depending on the record and procedural history, a person may be able to pursue:
- A direct appeal;
- A petition challenging an unlawful conviction or sentence;
- Early termination or modification of probation;
- Reduction of an eligible felony to a misdemeanor;
- Dismissal relief under California’s record-cleaning laws;
- A certificate of rehabilitation; or
- Other offense-specific relief.
Eligibility is highly fact-dependent. A California “expungement,” for example, does not erase every record or eliminate every consequence. Some convictions are ineligible for particular forms of relief, and different procedures apply depending on the sentence imposed.
Protect Your Rights from the Beginning
The early stages of a criminal case can affect everything that follows. Statements, release conditions, missed court dates, and decisions about plea offers may carry serious consequences.
McGinity Law Office provides personalized criminal-defense representation to clients in El Dorado, Placer, and Sacramento Counties. We take the time to understand each client’s circumstances, examine the evidence, and explain the available paths forward.
To schedule a free consultation, call (530) 290-6520 or contact McGinity Law Office online.
This article provides general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Laws and court procedures may change, and the outcome of any case depends on its particular facts.