Overview of the Criminal Case Process in California Courts
Understanding how a criminal case moves through the California court system can reduce uncertainty and help you make informed decisions.
Whether you are facing misdemeanor or felony charges in Los Angeles County, the criminal justice process follows a structured set of procedural stages.
While every case is different, most criminal matters proceed through investigation, filing, arraignment, pretrial hearings, and potentially trial and sentencing.
If you've been charged with a crime in Los Angeles, one of the first and most important questions is how long the process will take. The answer depends on several factors.
Your best chance at a positive outcome is with an experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles. To schedule a consultation, call (424) 372-3112 or use the contact form here.
Below is a step-by-step overview of how a criminal case typically progresses in California courts.
Step 1: Report of a Crime and Criminal Investigation
Every criminal case begins with a report and investigation.
Most investigations start when:
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A victim or witness calls 911
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Police observe alleged criminal activity
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Law enforcement receives a tip
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An agency conducts a long-term investigation
Officers respond, gather statements, collect evidence, and prepare reports. In serious felony cases, detectives may conduct extended investigations before any arrest occurs.
An arrest can occur based on probable cause, meaning officers believe a crime was committed and the suspect was involved. However, police do not file criminal charges. They submit reports to a prosecuting agency.
Early legal representation at this stage may enable pre-filing intervention, in which a defense attorney presents mitigating evidence before charges are formally filed.
Being charged with a crime in California does not automatically mean you will be convicted of the most serious offense listed in the complaint. In many cases, criminal charges can be reduced through negotiation, legal motions, or weaknesses in the prosecution's evidence.
Step 2: Filing of Criminal Charges
After reviewing police reports and evidence, the prosecuting agency decides whether to file formal charges.
In California:
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Felony cases are typically filed by the District Attorney's Office.
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Most misdemeanor cases are also filed by the District Attorney.
The prosecutor determines:
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What charges to file
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Whether to file as a misdemeanor or felony (in certain “wobbler” cases)
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Whether sufficient evidence exists
Statutes of limitations generally allow:
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One year to file most misdemeanors
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Three years to file many felonies
If charges are filed, the court schedules an arraignment.
Criminal charges in California range from minor infractions to serious felonies, which can carry significant jail or prison sentences, fines, and long-term consequences.
Step 3: Arraignment
The arraignment is the defendant's first formal court appearance after charges are filed.
At arraignment:
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You enter a plea (usually not guilty)
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The prosecutor provides initial discovery, including police reports
In most misdemeanor cases, a retained private attorney can appear on your behalf without you present. In felony cases, personal appearance is generally required.
A Penal Code 1050 motion to continue is a formal request to postpone a scheduled court date in a criminal case.
Step 4: Pretrial Proceedings and Early Disposition
After the arraignment, the case moves into pretrial proceedings.
These may include:
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Status conferences
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Early disposition conferences
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Pretrial settlement conferences
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Motion hearings
Defense counsel may file motions to:
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Dismiss charges
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Compel discovery
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Challenge search warrants
Many cases resolve during this phase through negotiation or diversion programs.
Possible alternatives may include:
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Informal probation agreements
If the case does not resolve, it proceeds to the next stage.
Step 5: Preliminary Hearing (Felony Cases Only)
If you are charged with a felony and plead not guilty, you are entitled to a preliminary hearing.
A preliminary hearing is a probable cause hearing where the prosecutor must show sufficient evidence to proceed to trial.
The burden of proof is much lower than at trial. The prosecutor only needs to establish probable cause that:
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A crime occurred
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You committed the crime
Defense attorneys use preliminary hearings to:
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Cross-examine witnesses
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Identify weaknesses in the case
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Preserve testimony
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Challenge the sufficiency of evidence
If the judge finds probable cause, the case is “held to answer” and moves forward.
Misdemeanor cases do not include preliminary hearings.
Step 6: Jury Trial
If the case does not resolve through dismissal or plea negotiation, it proceeds to trial.
In a criminal jury trial:
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Twelve jurors hear the evidence
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The prosecution must prove guilt beyond a reasonable doubt
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The defense may present evidence or challenge the prosecution's case
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The jury must reach a unanimous verdict
If the jury finds you not guilty, the case ends.
If the jury finds you guilty, the case proceeds to sentencing.
Step 7: Sentencing
Sentencing occurs after a guilty plea or guilty verdict.
In California:
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Misdemeanors carry up to one year in county jail
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Felonies carry potential state prison sentences beginning at 16 months and increasing based on the statute
Many felony statutes include three sentencing terms:
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Low term
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Middle term
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High term
Judges consider:
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Criminal history
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Aggravating factors
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Victim impact statements
Alternative sentencing options may include:
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Work release
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Community service
Step 8: Probation and Post-Conviction Court Appearances
If probation is granted, the court will impose conditions such as:
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Payment of fines
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Counseling programs
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Community service
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Search conditions
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Protective orders
Failure to comply may result in a probation violation hearing.
At a probation violation hearing:
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The burden of proof is lower than at trial
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The prosecutor must prove a violation by a preponderance of the evidence
If a violation is found, the judge may modify probation or impose additional penalties.
Frequently Asked Questions
Who files criminal charges in California?
Prosecutors, not police officers or victims, have the authority to file criminal charges.
How long does a criminal case take?
Cases may resolve in weeks or take months or years depending on complexity.
Do all felony cases go to trial?
No. Many cases resolve through plea negotiations or diversion programs.
What is probable cause?
Probable cause is a lower standard of proof used to justify arrest and to move a felony case forward after a preliminary hearing.
Is trial guaranteed?
Yes. The right to a jury trial is guaranteed under the United States Constitution.
Why Early Legal Representation Matters
The criminal court process involves strict procedural rules and strategic decisions at every stage. Early involvement by a defense attorney may allow:
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Pre-filing intervention
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Evidence preservation
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Bail advocacy
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Early dismissal negotiations
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Strategic motion practice
Each stage of the process can significantly impact the outcome of your case.
Speak With a Los Angeles Criminal Defense Attorney
If you or a loved one has been arrested or charged in Los Angeles County, understanding the criminal case process is the first step toward protecting your rights.
An experienced criminal defense attorney can evaluate your case, explain your options, and guide you through each stage of the California court system.
Schedule a confidential consultation to review your situation and discuss the next steps.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help. Schedule your consultation today.