Overview of the Criminal Case Process in California Courts: A Step-by-Step Guide

The California criminal court process moves through 8 key stages: Investigation, Filing of Charges, Arraignment, Pretrial Proceedings, Preliminary Hearing (Felonies only), Jury Trial, Sentencing, and Probation/Post-Conviction.

Outcomes depend on whether you face misdemeanor or felony charges under the California Penal Code. Early legal intervention by a defense attorney before charges are filed offers the best opportunity to reduce or dismiss charges.

Understanding how a criminal case moves through the California court system reduces uncertainty and empowers you to make informed decisions.

Whether you face misdemeanor or felony charges in Los Angeles County, the criminal justice process follows a strict set of procedural stages governed by California state law.

While every matter is unique, most cases proceed from initial police investigation through pretrial hearings, and potentially trial and sentencing.

If you are facing criminal charges in Los Angeles, working with an experienced criminal defense attorney at Cron, Israels & Stark gives you the best chance at a positive outcome.

The 8 Stages of a California Criminal Case

Case Stage	Applicable To	Primary Goal / Outcome
1. Investigation	All Cases	Evidence gathering; potential pre-filing intervention.
2. Filing Charges	All Cases	Prosecutor determines formal penal code charges.
3. Arraignment	All Cases	Formal reading of charges; plea entry; bail determination.
4. Pretrial Proceedings	All Cases	Discovery exchange; motion hearings; plea bargaining/diversion.
5. Preliminary Hearing	Felonies Only	Judge determines if sufficient probable cause exists for trial.
6. Jury Trial	Unresolved Cases	12-person jury decides guilt beyond a reasonable doubt.
7. Sentencing	Convictions Only	Judge imposes penalty (fines, probation, jail, or state prison).
8. Post-Conviction / Probation	Conditional Outcomes	Probation monitoring or probation violation hearings.

Step 1: Criminal Investigation and Arrest

Every criminal case starts with a law enforcement investigation. Common triggers include 911 calls, officer observations during traffic stops, tips, or long-term detective investigations.

Probable Cause & Arrest: Law enforcement can arrest an individual if they have probable cause—a reasonable belief that a crime was committed and the suspect committed it.
Police Do Not File Charges: Police officers only collect evidence, draft reports, and make recommendations. They submit their findings to the prosecuting agency (such as the Los Angeles County District Attorney or City Attorney).
Pre-Filing Intervention: Hiring a criminal defense attorney immediately after an arrest allows your legal team to present mitigating evidence directly to prosecutors before formal charges are filed, potentially stopping charges entirely.

Step 2: Filing of Formal Criminal Charges

The prosecuting agency reviews police reports and evidence to determine whether formal charges should be brought.

Filing Entities: In California, the District Attorney's Office handles all felony cases and most misdemeanors. City Attorneys may handle local misdemeanors and infractions.
Charge Types: Prosecutors decide whether to file charges as infractions, misdemeanors, or felonies—or as "wobblers" (offenses that can be charged as either a misdemeanor or a felony).
Statute of Limitations: Under California law, prosecutors generally have 1 year to file most misdemeanor charges and 3 years or more for felony charges, depending on the severity of the alleged offense.

Step 3: Arraignment Hearing

The arraignment is the defendant's first official court appearance before a judge.

Key Actions: The judge informs the defendant of constitutional rights and specific charges; the defendant enters a plea (typically "not guilty"); initial prosecution discovery (police reports) is handed over; and bail or release conditions are set.
Attorney Appearances: In most misdemeanor cases, a retained private defense lawyer can appear under California Penal Code Section 977 without the client present. Felony cases almost always require personal court attendance by the defendant.
Continuances: If more time is needed to prepare, attorneys may file a Penal Code 1050 motion to postpone a court date.

Step 4: Pretrial Proceedings and Early Disposition

The pretrial phase is where the vast majority of California criminal cases are resolved through negotiation, motions, or diversion programs.

Pretrial Conferences: Defense attorneys and prosecutors meet during status, early disposition, or pretrial settlement conferences to discuss case resolutions.
Defense Motions: Attorneys may file critical legal motions, including motions to suppress evidence (PC 1538.5), motions to dismiss charges, or motions to compel missing prosecution evidence.
Diversion Alternatives: Eligible defendants may avoid formal conviction through Pretrial Diversion programs, Military Diversion (for eligible veterans), Mental Health Diversion, or informal probation agreements.

Step 5: Preliminary Hearing (Felony Cases Only)

If you face felony charges and plead not guilty, you have a constitutional right to a preliminary hearing (often called a "prelim").

Probable Cause Standard: Unlike trial, the prosecutor does not need to prove guilt beyond a reasonable doubt. They only need to show sufficient evidence (probable cause) that a felony occurred and you likely committed it.
Defense Strategy: Defense counsel uses preliminary hearings to cross-examine prosecution witnesses, uncover weaknesses in the state's case, preserve testimony, and push for a charge reduction from a felony to a misdemeanor.
Holding to Answer: If the judge agrees probable cause exists, the defendant is "held to answer," and the case proceeds toward trial. Misdemeanor cases skip this step completely.

Step 6: California Jury Trial

If a case cannot be resolved through dismissal, diversion, or negotiated plea, it goes to trial in the Los Angeles Superior Court.

12-Person Jury: A panel of 12 local citizens hears testimony, evaluates physical evidence, and reviews expert witness insights.
Burden of Proof: The prosecution bears the sole burden of proving guilt beyond a reasonable doubt.
Unanimous Verdict: The jury must render a 100% unanimous decision. A "not guilty" verdict ends the case immediately. If the jury cannot agree, a mistrial ("hung jury") is declared.

Step 7: Sentencing

If a defendant enters a guilty plea or receives a guilty verdict at trial, the court schedules a sentencing hearing.

Misdemeanor vs. Felony Penalties: Misdemeanors carry maximum penalties of up to 1 year in county jail. Felony sentences can range from 16 months to life in state prison, depending on the statute.
Determinate Triad System: Many California felony statutes utilize a three-tiered sentencing structure: Low Term, Middle Term, or High Term.
Mitigating vs. Aggravating Factors: The judge weighs criminal history, victim impact statements, and mitigating factors presented by your defense attorney. Alternative sentencing options—such as house arrest, electronic monitoring, work release, or community service—may be granted in place of incarceration.

Step 8: Probation & Post-Conviction Court Appearances

If probation is granted, the court sets strict compliance conditions, such as restitution payments, mandatory counseling, community service, and search waivers.

Probation Violation Hearings: Failing to comply with probation conditions triggers a probation violation hearing.
Standard of Proof: At a probation violation hearing, the prosecutor only needs to prove a violation by a preponderance of the evidence (more likely than not), which is a much lower standard than at trial. Proven violations may result in revoked probation and jail time.

Frequently Asked Questions (FAQs)

Who actually files criminal charges in California?

Only prosecutors—such as District Attorneys or City Attorneys—have legal authority to file criminal charges. Police officers make arrests and write reports, but they do not decide whether charges are officially filed in court.

How long does a criminal case take to resolve in Los Angeles?

Timeline duration varies significantly based on charge severity, discovery volume, and court scheduling. Simple misdemeanors may resolve in 4 to 12 weeks, while complex felony cases can take 6 months to 2 years to complete.

Do all felony cases go to trial in California?

No. Over 90% of criminal cases resolve prior to trial through pre-filing intervention, negotiated plea agreements, evidentiary motions, or court-sponsored diversion programs.

What is the difference between probable cause and beyond a reasonable doubt?

Probable Cause: A lower legal standard used for arrests and preliminary hearings, requiring a reasonable belief that a crime occurred.
Beyond a Reasonable Doubt: The highest legal standard in the justice system, required exclusively at trial to convict a defendant.

Why Early Legal Representation Matters in Los Angeles

Navigating California's criminal court system requires adherence to strict procedural deadlines and sound tactical decision-making. Securing defense counsel immediately after an arrest or during an investigation offers distinct advantages:

Pre-Filing Intervention: Stopping charges before they reach the court docket.
Evidence Preservation: Securing critical surveillance video, witness statements, and digital records early.
Bail Advocacy: Securing reduced bail or release on own recognizance (OR).
Strategic Motion Practice: Filing targeted legal motions to suppress illegally obtained evidence.

Speak With a Los Angeles Criminal Defense Attorney Today

If you or a loved one is facing arrest or formal charges in Los Angeles County, proactive legal defense is your strongest asset.

The experienced defense team at Cron, Israels & Stark is prepared to review your case, protect your constitutional rights, and build a strategic defense tailored to your situation.

Call Today: (424) 372-3112
Schedule Online: Fill out our confidential contact form
Office Location: Los Angeles, CA

Criminal Case Process