What Happens After an Arrest in California?

An arrest is not a conviction. It is the beginning of a process.

After someone is arrested in California, the case moves through a series of procedural stages involving law enforcement, jail, the District Attorney, and the Superior Court system.

Key governing statutes include:

Penal Code §825

Requirement to bring an arrested person before a magistrate within 48 hours (excluding weekends/holidays)

Penal Code §849

Release from custody without charges

Penal Code §1382

Speedy trial timelines

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Step 1: Booking and Custody Status

After arrest, the person is transported to a jail facility and booked.

This includes:

  • Fingerprinting
  • Photographs
  • Property inventory
  • Entry into law enforcement databases

At this stage, the person may:

  • Be released on citation (for some misdemeanors)
  • Be released on bail
  • Remain in custody pending arraignment
  • Be released under Penal Code §849 if officers determine no charges are appropriate

Step 2: The 48-Hour Rule (Penal Code §825)

Under Penal Code §825, a person in custody must be brought before a judge within 48 hours, excluding weekends and court holidays. This first court appearance is called an arraignment.

If the prosecution is not ready to file charges by that time, the person may be released — but that does not necessarily mean the case is over.

Step 3: Police Report Submission

After arrest, law enforcement completes:

  • Incident reports
  • Witness statements
  • Evidence logs
  • Body camera uploads
  • Lab requests

The case file is then forwarded to the District Attorney’s Office for review. This review does not always happen immediately.

In some cases, especially complicated or felony matters, it will take months.

Step 4: District Attorney Review and Filing Decision

The District Attorney reviews:

  • Evidence sufficiency
  • Charging statutes
  • Criminal history
  • Victim input
  • Policy considerations

The DA may decide to:

  • File misdemeanor charges
  • File felony charges
  • Reject the case
  • Request further investigation
  • Offer pre-filing diversion in certain contexts

Formal charging occurs when a complaint is filed in court.

Step 5: Arraignment

At arraignment:

  • Charges are formally read
  • A plea is entered
  • Bail is reviewed or set
  • Protective orders may be issued
  • Future court dates are scheduled

This is where the attorney formally enters the case before the judge and begins the process of litigating the merits of the case.

What If Charges Are Not Filed Immediately?

In most situations, a person is released pending investigation.

This is sometimes called:

  • “Pending further investigation”
  • “DA review”
  • “Cite and release”

The District Attorney will usually file charges later by issuing a notice-to-appear or an arrest warrant. Silence after release does not necessarily mean the case has been rejected.

How an Attorney Can Help During This Process

Many people wait until arraignment to contact an attorney. In some cases, that is too late to influence early decisions.

Early representation can:

1. Intervene During DA Review

  • Present mitigating evidence
  • Provide context before charges are filed
  • Clarify misunderstandings in the police report
  • Advocate for lesser charges or rejection

2. Preserve Evidence

  • Secure surveillance footage before deletion
  • Identify favorable witnesses
  • Preserve phone data
  • Document injuries or medical conditions

3. Coordinate Bail and Custody Strategy

  • Prepare for bail hearings
  • Argue for OR release
  • Address protective order scope

4. Prevent Unnecessary Statements

After arrest, individuals may still be contacted by investigators. Counsel can prevent additional self-incriminating statements.

What Happens Next After Arraignment?

After arraignment, the case typically moves into:

  • Discovery exchange (accumulating and trading evidence)
  • Pretrial motions
  • Negotiations
  • Possible preliminary hearing (felonies)
  • Trial or resolution

The strength of the early record often influences every stage that follows.

Why Acting Quickly Matters

The period between arrest and formal filing is often the most overlooked opportunity in a case. Evidence can disappear, context can be meaningful, narratives can harden, and charging decisions can become fixed and irreversible.

Early, strategic engagement can provide enormous benefits for the accused. Proactive work with an attorney can, at times:

  • Reduce charges
  • Prevent felony filings
  • Avoid protective order overreach
  • Influence diversion eligibility
  • Preserve defense leverage
  • Prevent destruction of helpful evidence

Once charges are formally filed, options narrow and inertia sets in.

Bottom Line

After an arrest in California, the case moves through:

  1. Booking
  2. Custody review
  3. Police report preparation
  4. District Attorney charging review
  5. Arraignment

Each stage presents different risks and opportunities.

Understanding the process — and acting early — can materially affect exposure, leverage, and long-term consequences.

Next Step

If you or a family member has recently been arrested in California — and you want a defense review focused on the specific statute(s) under investigation, the current stage of the process, and how early intervention may affect charging decisions — you can send your information to me here:

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