Being arrested is a stressful and daunting experience that can have significant consequences for your life. It marks the beginning of a legal process that will determine your fate, and understanding what happens after you are arrested is crucial for protecting your rights and ensuring a fair legal proceeding.

The typical steps that follow an arrest from the initial booking to potential trial are as follows:

1) Booking
After your arrest, you will be taken to a police station or detention facility for a process known as booking. The duration of your stay in this facility may vary depending on the nature of the offense, your criminal history, and local laws. You may be allowed to make a phone call to notify someone of your arrest.

2) Miranda Rights

You have the right to remain silent, and anything you say can be used against you in court. This is a fundamental part of your Miranda rights, which law enforcement is required to read to you at the time of arrest. You also have the right to an attorney. It’s crucial to exercise these rights and avoid self-incrimination during questioning.

3) Citation or Bail

In most cases, you will be either: released and given a citation for a future court date, or be required to post bail and then appear at a future court date. If bail is required and you cannot post bail, your Arraignment will be scheduled shortly after your arrest. During this hearing, a judge will determine whether you can be released on bail, the amount of bail required, or if you will be held in custody until trial. Bail is a financial guarantee that you will appear in court as required.

3) Charging Decision

The prosecution will review the evidence and circumstances of your case to determine the charges to be filed. This process may take some time, and the charges may be more or less severe than those initially mentioned at the time of arrest. The prosecutor will decide whether to file the case a felony or misdemeanor, or ultimately to reject filing any charges at all.

4) Arraignment

You will be formally informed of the charges against you at an arraignment hearing. During this hearing, you will have the opportunity to enter a plea, which can be guilty, not guilty, or no contest. If you plead not guilty the case will move forward for future Pretrial Hearings, and possibly a Trial later on.

5) Pretrial Hearings

Before a Trial ever takes place, there will be several Pretrial Hearings primarily to see if the case can be dismissed or resolved without a Trial. During Pretrial Hearings, Discovery (evidence) is exchanged, motions to suppress evidence can be filed and litigated, and plea negotiations occur between your attorney and the prosecutor. These steps aim to resolve the case without going to Trial.

6) Trial

If your case does go to Trial, both sides will present their evidence and arguments in court. The judge or a jury will then determine your guilt or innocence. It’s essential to have a skilled defense attorney representing you during this process.

7) Sentencing

If you are found guilty, the court will hold a sentencing hearing to determine the appropriate punishment. Sentences can include fines, probation, community service, or incarceration, depending on the nature and severity of the crime.

8) Appeals

If you believe there were errors or injustices during your trial, you have the right to appeal the verdict or sentence to a higher court.

There are numerous variables at work that can affect a criminal case in California, even if you are found guilty of the crime. If you have legal representation, it may be possible to negotiate a more palatable plea agreement, lower the level of the charge(s) you are facing (misdemeanor vs. felony), and lessen any potential penalties that may be imposed on you if you are found guilty. It’s important to keep in mind that the state must prove your guilt beyond a reasonable doubt, which is much more difficult to do when you have an experienced lawyer on your side.

Criminal offenses in California are generally categorized into 3 types, each with its own set of penalties and legal consequences. California law classifies criminal offenses based on the severity of the crime and the potential harm caused. Here is an overview of how criminal offenses are generally categorized in California:

Infractions: Infractions are the least serious type of offense in California, and they are technically not even criminal in nature. They are civil offenses. Infractions carry fines and other consequences, but never include jail time.

Misdemeanors: Misdemeanors are more serious than infractions but less severe than felonies. Common misdemeanor offenses include simple assault, petty theft, non-injury DUI, and possession of certain controlled substances. Misdemeanors can result in fines, probation, community service, and up to one year in county jail.

Felonies: Felonies are the most serious type of criminal offense in California. They encompass a wide range of crimes, from drug trafficking and robbery to murder and sexual assault. Felonies can result in significant fines, probation, parole, and imprisonment in state prison. The length of imprisonment can vary widely, depending on the specific offense and the defendant’s criminal history.

We are one of the few Van Nuys law firms that understands that the criminal defense process can be costly. We are proud to provide payment plans, alternative fee arrangements, and financing to help make top-notch legal representation affordable and cost-effective so that those costs are easier to bear.