A California criminal case does not move in one straight line. Cases begin with an investigation or arrest, but many never reach trial. Some are rejected before filing. Some resolve at arraignment. Some felony cases are narrowed or dismissed at the preliminary hearing. Others proceed all the way through jury trial.
The Lifecycle of a Criminal Case
Still, there is a classic path. If you understand that path, it becomes much easier to understand what is happening in your own case and why timing, charging decisions, and defense strategy matter so much for the fate of a case.
This page is my attempt to illustrate the usual lifecycle of a California criminal case from arrest through jury trial and to highlight the major differences between misdemeanor and felony procedure.
The Two Tracks: Misdemeanor vs. Felony
The first major distinction is whether the case is filed as a misdemeanor or a felony.
In a misdemeanor case, the procedure is generally shorter. There is no preliminary hearing. The case usually goes from charging and arraignment into pretrial proceedings and then, if it is not resolved, to jury trial. In many misdemeanor cases, the defendant can (sometimes) appear through counsel alone under Penal Code section 977, with important exceptions such as some domestic violence and DUI matters. In felony cases, the defendant generally must be present for court appearances such as arraignment, plea, preliminary hearing, trial evidence, and sentencing.
In a felony case, there is an added middle phase: the preliminary hearing. If the defendant is held to answer there, the prosecution then files an information (a document that charges specific criminal offenses), and the case proceeds to a second arraignment called the arraignment on information–the case is then set for a jury trial court date.
The length of a trial depends on the volume of evidence and complexity of issues, of course. The range is typically from 1-6 weeks–but some of my previous trials have lasted 4-7 months.
Stage 1: Investigation and Arrest
A criminal case begins before formal charges are filed in court. Law enforcement investigates, interviews witnesses, collects physical evidence, and decides whether to seek an immediate arrest or to submit reports to the prosecutor for review.
Under Penal Code section 836, a peace officer may arrest a person with a warrant, or without a warrant in specified circumstances, including when the officer has probable cause to believe the person committed a public offense. That is one of the core statutes governing the transition from investigation to custody.
That does not mean every investigation ends in an arrest. Sometimes police submit a report and the district attorney later decides whether to file charges. Sometimes the person is cited and released. Sometimes the person is arrested and booked into custody. Context and timing matters–but after this stage the case moves onto Stage 2.
Stage 2: Booking, Custody, Release, and the 48-Hour Rule
Once someone is arrested, several things begin happening at once. The person may be booked into jail, fingerprinted, photographed, and held pending review by the prosecutor and the court.
Penal Code section 825 requires that, absent an exception, the defendant be taken before a magistrate without unnecessary delay and in any event within 48 hours after arrest, excluding Sundays and holidays. That is one of the key timing statutes at the front end of a criminal case.
California law also allows release before formal court presentation in some situations. Penal Code section 849 permits release where the officer concludes there are insufficient grounds for a criminal complaint, among other circumstances. And Penal Code section 853.6 governs many cite-and-release situations for qualifying offenses rather than continued custody.
So at this early stage, a case may split in several directions: release with no filing, citation release, booking and release, or continued custody awaiting the first court appearance.
Stage 3: Prosecutorial Review and Formal Charging
A criminal case comes to life when the prosecution files charges. The DA will review the police reports, witness statements, or video recordings and make a determination as to what charges (if any) they will formally pursue. Once they decide on specific charges to bring–they file a “complaint” with the Superior Court and the case begins.
This is a critical decision point. Police investigate, but prosecutors decide what to file. They may file:
- no charges,
- misdemeanor charges,
- felony charges,
- reduced charges,
- added enhancements,
- or alternative pleadings.
Stage 4: Arraignment
Arraignment is the first court date after charges are filed. At this court hearing, the DA informs the court of the charges and the defendant is present to hear them.
Historically–the arraignment derives from the 13th century Common Law in England. At it’s core–the arraignment is the process by which a person is publicly accused of a crime. The procedure has changed significantly, of course (the local Sheriff isn’t hurling accusations in the town square anymore), but the roots remain the same: the State must publicly name its accusation and the Defendant must answer with their response.
The response at arraignment is almost uniformly “not guilty”.
At arraignment, the court typically addresses:
- the charges,
- the defendant’s rights,
- appointment of counsel if needed,
- Entry of plea (guilty, not guilty, no contest, or request to continue the matter out to another date)
- custody or release conditions,
- protective orders where applicable,
- and future dates.
Penal Code section 987 is the core appointment-of-counsel statute at this phase. It provides for assignment of counsel to defendants who desire but cannot afford their own counsel. Penal Code section 977 also matters at arraignment because it governs whether a defendant can sent their attorney to court without having to be personally present themselves. (This is typically for certain misdemeanors only).
The arraignment is often brief but can matter more than people think.
This is where the case first becomes public court litigation. It is where the defense sees what the prosecutor has actually chosen to file, not just what police arrested on. It is also where the court imposes the initial procedural shape of the case: custody status, stay-away orders, return dates, time waivers, and counsel status.
Often times, a well-prepared attorney has already managed to get a hold of much of the evidence in advance. Reducing the information disadvantage can have an enormous benefit on the ultimate outcome of a case and can meaningfully change the nature of the arraignment.
Stage 5: Pretrial Proceedings and Discovery
After arraignment, the case enters the pretrial phase. California Courts describes this as the period when the sides exchange information, file motions, and attempt to resolve the case or prepare for trial.
This phase can include:
- informal settlement discussions,
- the exchange of evidence for each side to review,
- formal plea negotiations,
- protective-order litigation,
- bail or release modifications,
- suppression motions,
- witness investigation,
- expert consultation,
- and discovery disputes.
California’s criminal discovery statutes are centered in Penal Code section 1054 and the sections that follow. The statutory scheme creates reciprocal discovery. Penal Code section 1054.3 requires the defense to disclose certain witnesses and evidence it intends to present at trial. Related provisions define what the prosecution must disclose, regulate witness privacy, and set timing rules for disclosures.
This stage is where a great deal of technical case work happens.
Misdemeanor Pretrial Path
In a misdemeanor case, there is no preliminary hearing. The case generally moves from arraignment to one (sometimes more pretrial conferences), motion dates, and then jury trial if unresolved.
The defense may litigate suppression, challenge identification, attack admissibility, seek diversion, negotiate reductions, or prepare a jury trial. But unlike a felony case, the prosecution does not need to clear the additional hurdle of a preliminary hearing in order for the case to proceed to a jury trial.
Felony Pretrial Path: The Preliminary Hearing
In a felony case, the prosecution must prove the case can proceed by way of preliminary hearing.
If the case cannot be negotiated or resolved at a pretrial conference, a defendant will request a “preliminary hearing”. The preliminary hearing will be held on a date determined by the parties involved; it can be a “speedy prelim” or a “time waived prelim.”
California Courts explains the function of that hearing clearly: the prosecution presents the main evidence supporting the filed charges, the defense cross-examines, and the judge decides whether there is enough proof for the case to proceed. If so, the defendant is “held to answer.”
The burden here is not proof beyond a reasonable doubt. It is a probable-cause or sufficient-cause standard which is much lower than the trial burden.
What Happens After a Felony Preliminary Hearing
If the magistrate dismisses for lack of sufficient cause, the case or specific count may be dismissed at that stage under Penal Code section 871. If the defendant is held to answer under Penal Code section 872, the prosecution then files an information. (The information is a new document that identifies the charges that are lawfully able to be brought to the jury trial phase of the case).
This is the key pivot point in felony procedure. The complaint gets the case into court. The preliminary hearing tests whether the prosecution has enough to continue. The information then becomes the operative felony pleading going forward.
Stage 6: Arraignment on Information (Felonies Only)
After a felony defendant is held to answer and the information is filed, the case returns for arraignment on information.
This is a second arraignment. It is the point where the defendant is arraigned on the new charging document that now controls the case heading into trial.
At this stage, the defense may also evaluate or file a Penal Code section 995 motion attacking the sufficiency or legality of the hold order. Even when a prelim has gone badly, that does not always mean the issue is over.
The typical function of the arraignment is for the attorney and defendant to appear and set the case for a jury trial date.
Stage 7: Trial Readiness, Motions, and Final Pretrial Litigation
Whether misdemeanor or felony, the case then enters the last major pretrial phase. This is where the court and counsel test whether the case is actually ready for trial.
This phase often includes:
- motions in limine,
- suppression motions or evidentiary motions,
- witness issues,
- expert exchanges,
- jury instructions planning,
- trial settlement conferences,
- and final plea negotiations.
In the time leading up to jury trial, the defense will prepare the moving parts that operate during the trial. Most cases do not actually go through the entire jury-trial process; but the most effective way to meaningfully fight a case is to prepare the jury trial in a way that shows a commitment to engaging the case. During this time frame investigation is conducted, discussions with the Court and prosecutor are made, and the tactics and strategies for the jury trial are finalized.
Stage 8: Jury Trial
If the case is not dismissed or resolved by plea, it proceeds to a trial by jury. A jury trial is where the prosecution must finally meet the true burden: proof beyond a reasonable doubt. Penal Code section 1096 codifies that standard and the presumption of innocence that attaches.
At trial, the prosecution presents witnesses and exhibits. The defense cross-examines, may present evidence or rest without presenting evidence, and argues that the prosecution has failed to prove guilt beyond a reasonable doubt. Unlike the preliminary hearing, this is the stage where the factfinder (jury) decides guilt, not merely whether the case can continue.
As one of my mentors told me–a jury trial is a living & breathing organism. It is changing and adapting to the circumstances around it and is never completely predictable. A jury trial is the ultimate expression of democracy in America and is the foundational piece of our society’s justice system.
Why the “Lifecycle” Matters Strategically
Clients often think the case is about one event: the arrest, the accusation, or the upcoming trial date. In reality, every stage has its own function and its own opportunities.
At arrest, the issue may be probable cause and custody status. At charging, the issue may be what the prosecutor can actually prove. At arraignment, the issue may be protective orders, release conditions, and early negotiation. In discovery, the issue may be what evidence really exists and what is missing. In a felony prelim, the issue is whether the prosecution has enough to keep the case alive. At trial, the issue becomes whether the state can prove guilt beyond a reasonable doubt.
Good defense work means treating each stage as its own battleground, not waiting for trial and hoping everything gets fixed there. At the same time, you don’t want to fight every battle up front. Timing and finesse make a big difference in when and where to fight certain issues within a case. Context matters; and experience reveals itself in knowing when to make moves and when to be patient.
If you or a family member is facing a misdemeanor or felony case, please feel free to reach out to me here: