Criminal Process in California State Courts – Complete Overview

If you or a loved one has been arrested in California, understanding how the criminal court process works is critical.

The California criminal justice system follows a structured sequence of stages, from investigation through sentencing and probation.

Your best chance for a favorable outcome is with an experienced California criminal defense attorney at the Hedding Law Firm. To schedule a consultation, call (866) 986-2092 or use the contact form here.

This guide explains each step in clear terms so you know what to expect in Los Angeles County and throughout California state courts.

How a Criminal Case Begins in California

A criminal case typically begins with a report to law enforcement. This may come from:

  • A 911 call

  • A witness statement

  • A police investigation

  • An alleged victim's report

Police may arrest someone if they believe there is probable cause that a crime occurred.

Important clarification:

Police do not file criminal charges.
Victims cannot “press charges.”

Law enforcement submits reports to the District Attorney or City Attorney, who decides whether to file formal criminal charges.

Investigation and Prefiling Stage

Before charges are filed, the case is investigated. This stage may include:

  • Witness interviews

  • Forensic analysis

  • Search warrants

  • Surveillance review

  • Subpoenaed records

Investigations can take weeks, months, or even years, depending on complexity.

Why This Stage Is Critical

The investigation phase is often the best opportunity for prefiling intervention. An experienced criminal defense attorney can present evidence, raise legal issues, or persuade prosecutors not to file charges at all.

Early legal representation can prevent formal charges.

Filing of Criminal Charges

If prosecutors determine there is sufficient evidence, they file a criminal complaint.

The complaint outlines:

  • The specific charges

  • The Penal Code violations

  • Whether the case is a misdemeanor or a felony

If charges are not filed on your first court date, prosecutors may still file them later within the statute of limitations.

Arraignment

The arraignment is the first formal court appearance after charges are filed.

At arraignment:

Presence Requirements

In most misdemeanor cases, an attorney may appear on behalf of the defendant under Penal Code 977.

In felony cases, the defendant must appear in person.

Pretrial Proceedings and Negotiations

After the arraignment, the case moves into pretrial status conferences.

Common court dates include:

  • Early disposition conference

  • Pretrial conference

  • Readiness hearing

During this phase:

Many cases resolve during this stage through negotiated agreements.

Preliminary Hearing (Felony Cases Only)

In felony cases, the defendant has the right to a preliminary hearing.

A preliminary hearing is a probable cause hearing, not a full trial.

The prosecutor must show sufficient evidence exists to move the case forward to trial.

The burden of proof is lower than at trial.

Strategic Importance

Preliminary hearings allow:

If the judge finds probable cause, the defendant is “held to answer” and the case proceeds.

Jury Trial

If the case is not resolved through negotiation, it proceeds to trial.

At trial:

  • A jury is selected

  • Evidence is presented

  • Witnesses testify

  • The defense challenges the prosecution's case

The prosecution must prove guilt beyond a reasonable doubt.

If the jury acquits, the case ends.
If the jury convicts, the case moves to sentencing.

Sentencing

Sentencing occurs after a guilty plea or guilty verdict.

California felony sentencing typically follows a low, mid, or high term structure.

For example, a “2-3-5” offense allows the judge to select either 2, 3, or 5 years based on aggravating and mitigating factors.

Sentencing Overview

Misdemeanors:

  • Up to one year in county jail

Felonies:

  • 16 months or more

  • State prison or county jail under realignment

  • Fines and restitution

Probation and Post-Conviction Proceedings

If probation is granted, conditions may include:

  • Community service

  • Counseling

  • Drug testing

  • Payment of fines

  • Restitution

Courts often schedule progress report hearings.

Failure to comply may result in a probation violation hearing.

Probation Violation Standard

The prosecution must prove a violation by a preponderance of the evidence — a lower standard than trial.

Violations can result in additional jail time or revocation of probation.

Frequently Asked Questions About the California Criminal Process

Can a victim drop charges?

No. Only the prosecutor has the authority to dismiss charges.

What is probable cause?

Probable cause is a reasonable belief that a crime occurred and the defendant committed it.

Do all felony cases go to trial?

No. Most cases resolve through negotiated plea agreements.

Can charges be dismissed before trial?

Yes. Charges may be dismissed due to lack of evidence, illegal search and seizure, or successful legal motions.

What happens if I miss court?

A bench warrant may be issued for your arrest.

What is the difference between a misdemeanor and a felony?

Misdemeanors carry up to one year in jail.
Felonies carry more than one year and may involve state prison.

Can I avoid jail time?

Depending on the case, probation, diversion programs, or negotiated resolutions may avoid incarceration.

Why Hiring an Experienced Criminal Defense Lawyer Matters

The California criminal justice system is technical and procedural. Each stage presents opportunities to reduce charges, challenge evidence, and negotiate favorable outcomes.

Early representation can:

  • Prevent charges from being filed

  • Reduce felony charges

  • Suppress unlawfully obtained evidence

  • Secure release without bail

  • Negotiate reduced sentences

Speak With a California Criminal Defense Attorney

From investigation through sentencing, every stage of a criminal case requires strategic decision-making.

If you or a loved one is facing charges in Los Angeles County or anywhere in Southern California, early legal intervention can make a critical difference.

The Hedding Law Firm is here to help. Schedule your consultation today. Our law firm is based in Los Angeles, CA