---
title: "California Criminal Case Process: From Arrest Through Trial"
description: "How a California criminal case moves from arrest and charging through arraignment, discovery, the felony preliminary hearing, trial, sentencing and appeal, with court resources."
url: "https://www.thehfirm.com/california-criminal-case-process"
site: "H Law Group"
published: "2026-10-06T09:00:00-07:00"
---

# California Criminal Case Process: From Arrest Through Trial

How a California criminal case moves from arrest and charging through arraignment, discovery, the felony preliminary hearing, trial, sentencing and appeal, with court resources.

By Nima Haddadi, former prosecutor with the Los Angeles City Attorney's Office. Updated 2026-10-06.

## The short version

- An arrest is not a charge. The prosecutor decides whether to file a complaint, not the police and not the alleged victim.
- Arraignment is usually the first court date. Plea, representation and release are all addressed there.
- A felony preliminary hearing asks whether there is enough evidence to continue. It does not decide guilt.
- Many cases end in a negotiated plea before trial, so the pretrial stage is where much of the defense work happens.
- The exact path depends on the charge level, the county, custody status and how the case was filed.

## The path at a glance

1. Investigation, arrest and booking. Police investigate, arrest when legally authorized, and process the person into custody or release.
2. The charging decision. A prosecutor reviews the evidence and decides whether to file a complaint.
3. Arraignment. The court states the charges, addresses a lawyer, takes a plea and considers release.
4. Bail or release conditions. The court can set bail, release the person on a promise to appear, or add conditions.
5. Discovery and pretrial motions. Both sides exchange evidence, investigate, file motions and talk about resolution.
6. Felony preliminary hearing. In most felony cases a judge decides whether the evidence is strong enough to go forward.
7. After the preliminary hearing. The prosecutor files an information, the defendant is arraigned again, and pretrial work continues.
8. Plea or trial. The case ends in a negotiated plea or goes to a jury trial or court trial.
9. Sentencing and appeal. A plea or conviction leads to sentencing. An appeal can challenge certain legal errors.

## Infraction, misdemeanor and felony

| Charge level | Preliminary hearing | Typical first pretrial step | Trial |
| --- | --- | --- | --- |
| Infraction | No | Often resolved by a ticket, payment or a single appearance | Not punishable by imprisonment, and no right to a jury trial (Pen. Code 19.6) |
| Misdemeanor | Generally no | Pretrial conference | Jury or court trial if the case does not resolve |
| Felony (by complaint) | Generally yes | Preliminary hearing, then arraignment on an information | Jury or court trial if the case does not resolve |
| Felony (by grand jury indictment) | No, the indictment replaces it | Arraignment on the indictment | Jury or court trial if the case does not resolve |

## Trial steps

1. Jury selection. The court and both sides question prospective jurors and seat a jury.
2. Opening statements. Each side outlines what it expects the evidence to show. These are overviews, not arguments.
3. Evidence. The prosecution goes first and the defense can cross-examine. The defense may present its own evidence or none at all.
4. Closing arguments and instructions. The lawyers argue what the evidence means, and the judge explains the legal standards to the jury.
5. Deliberation and verdict. Jurors deliberate privately and must agree unanimously. A not guilty verdict ends the case. A guilty verdict leads to sentencing.

## Frequently asked questions

### What are the stages of a criminal case in California?

A common sequence is investigation and arrest, the prosecutor's charging decision, arraignment, bail or release, discovery and pretrial motions, a preliminary hearing in felony cases, plea negotiations or trial, then sentencing and a possible appeal. There is no single fixed path. Many cases resolve before trial, and the felony-only steps do not apply to misdemeanors or infractions.

### Who decides whether criminal charges are filed?

The prosecutor decides, after reviewing the evidence and the law. An alleged victim can report an incident and may be a witness, but cannot direct the filing decision. A police arrest or report does not by itself mean a complaint will be filed.

### What happens at arraignment, and what pleas are available?

At arraignment the judge tells the defendant what they are charged with and their rights, addresses representation, and asks for a plea. The most common pleas are guilty, not guilty and no contest. The judge also decides whether the person stays in custody, is released on a promise to return, is released under supervision, or must post bail. A not guilty plea lets the case continue while the evidence is reviewed.

### What is a preliminary hearing in a felony case?

It is a hearing where a judge decides whether there is enough evidence to hold the defendant to answer for the charges. The prosecution presents its main evidence and the defense can question the witnesses. It is not a trial and does not decide guilt beyond a reasonable doubt. Under California court guidance, there is a right to the hearing within 10 court days of the arraignment or plea, whichever is later, although that timing can change when the defense agrees to more time or the court continues the hearing.

### How is a misdemeanor case different from a felony case?

A felony case filed by complaint generally includes a preliminary hearing and a second arraignment on an information. A misdemeanor generally does not use a preliminary hearing and instead moves through pretrial conferences. Infractions are the simplest category: they are not punishable by imprisonment and carry no right to a jury trial. The actual sequence still depends on the charge, the county and how the case was filed.

### Can a case be dismissed, and what happens after a conviction?

A case can be dismissed at several points, including when the court finds the evidence legally insufficient or the prosecution moves to dismiss. It is never automatic. After a guilty plea or conviction the court sets sentencing. An appeal can challenge certain legal errors in the proceedings or judgment, it is not a second trial, and appeals have strict deadlines.

## Sources

1. Criminal court overview. California Courts Self-Help Guide. https://selfhelp.courts.ca.gov/criminal-court/overview
2. The arraignment. California Courts Self-Help Guide. https://selfhelp.courts.ca.gov/criminal-court/overview/arraignment
3. Pretrial activities in a criminal case. California Courts Self-Help Guide. https://selfhelp.courts.ca.gov/criminal-court/overview/pretrial
4. Trial in a criminal case. California Courts Self-Help Guide. https://selfhelp.courts.ca.gov/criminal-court/overview/trial
5. Sentencing and after sentencing. California Courts Self-Help Guide. https://selfhelp.courts.ca.gov/criminal-court/overview/sentencing
6. Penal Code section 872 (held to answer after a preliminary examination). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=872
7. Penal Code section 19.6 (infractions). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=19.6
8. Miranda v. Arizona, 384 U.S. 436 (1966). Supreme Court of the United States. https://supreme.justia.com/cases/federal/us/384/436/
9. Find your court. California Courts. https://www.courts.ca.gov/find-my-court.htm

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