Criminal Defense in California

How Criminal Cases Work in California

In California, understanding how criminal cases and the court process work can make a stressful situation feel more manageable. While every case is different, most follow a similar path governed by state law, including provisions in the California Penal Code such as Penal Code § 836 arrests, Penal Code § 825 arraignment timelines, and Penal Code § 859b preliminary hearings in felony cases. In our experience, the initial arrest and booking, court appearances, potential trial, and sentencing each have a stage that plays a critical role in the outcome of your case. Knowing what to expect and how decisions are made early on can have a big impact on the rest of your case.  Being prepared can help you protect your rights and freedoms and navigate the process with greater confidence.  Learn more about criminal defense cases in California.

Arrest and Booking

The majority of criminal cases in California begin with an arrest either on the spot or through a warrant. Under Penal Code § 836, law enforcement may arrest if they have probable cause to believe a crime was committed.

Once you are taken into custody, you are brought to a local jail for booking. This process includes fingerprints, photographs, and logging the alleged charges. It may feel routine, but this stage matters more than you expect. In our experience, we have seen situations where something said casually during booking later became part of the case. This is also when things start moving quickly behind the scenes. Under the California Penal Code § 825, you must be brought before a judge without unnecessary delay. This is typically within 48 hours.

Bail and Release Options

After an arrest and booking, your immediate concern should be getting out of custody.  California law, under Penal Code § 1270, allows for bail in most cases. Bail amounts are often based on a county schedule.  Judges can adjust the bail amount depending on the facts. In some situations, a person may be released on their own recognizance (OR), meaning no bail is required.

What we often see is that people assume bail is fixed, but that is not always true. There are opportunities to argue for lower bail or even release, especially early on.

At Dod Law, this is one of the first points where experience can make a real difference. A well-prepared argument at a bail hearing can mean the difference between staying in custody or going home while the case moves forward.

Arraignment | First Court Appearance

The arraignment is the first formal court appearance. This is where the charges are read, and a plea is entered.  In most circumstances, “not guilty” at this stage.

Under Penal Code § 825, this hearing must happen quickly after arrest. Bail can also be reviewed at this stage, and the judge may impose conditions like stay-away orders.

Think of an arraignment as just a formality that is important because it sets the stage for the entire case. For example, how the charges are presented and how bail is handled.  How the defense responds in an arraignment can all shape what comes next.

Pretrial Process and Hearings

After the arraignment, the case enters the pretrial phase. This is where much of the real work happens.  Both sides exchange evidence under Penal Code § 1054, including police reports, witness statements, and other materials. At this stage, attorneys may file motions such as motions to suppress evidence if it was obtained improperly.

In our experience, this is where many cases are won or lost. This is an important stage, and where strategy matters most.

At Dod Law, the pretrial process often involves:

• Identifying weaknesses in the prosecution’s case
• Challenging how the evidence was collected
• Negotiating potential resolutions

Many cases never make it to trial because of what happens in the pretrial process.

Preliminary Hearing | Felony Cases

If you are charged with a felony, there is an additional step called the preliminary hearing.

Under Penal Code § 859b, this hearing determines whether there is enough evidence for the case to move forward. The standard is lower than at trial; the prosecution only needs to show probable cause.

This stage is critical. Witnesses may testify, and the defense has the opportunity to challenge the case early.

We have handled cases where preliminary hearings led to reduced charges or, in some situations, cases not moving forward at all. It is one of the first real chances to test the strength of the prosecution’s case.

Trial | Criminal Defense in California 

If your case does not resolve from earlier stages, it moves to trial.

Trials in California are governed by Penal Code § 1041.  The burden is on the prosecution to prove guilt beyond a reasonable doubt.

A trial includes a jury selection, witness testimony, and presentation of evidence. Having multiple decades of experience, no two trials are the same.

We have seen cases that looked strong on paper fall apart under cross-examination. We have also seen cases take unexpected turns once all the facts are out.

At Dod Law, trial preparation goes far beyond reviewing evidence; it is about understanding how to present the case in a way that makes sense to a jury and challenges the prosecution’s narrative.

Sentencing | If Convicted

If there is a conviction, either through a plea or after trial, the next step is sentencing.

Under Penal Code § 1170, judges have discretion in determining sentences within certain guidelines. Depending on the case, outcomes can include jail or prison time, probation, fines, or court-ordered programs.

Sentencing is not automatic. The way a case is presented at this stage can influence the outcome. We have worked with clients where the final sentence was significantly reduced because of how mitigating factors were presented, including background, circumstances, and other details that matter to the court.

Appeals and Post-Conviction Options

A conviction does not always mean the end of the road.

Under Penal Code § 1237, individuals have the right to appeal certain decisions. There are also other forms of post-conviction relief depending on the situation.

These can include:

• Appeals based on legal errors
• Motions for a new trial
• Other post-conviction remedies

The timing of an appeal is critical because Appeals must be filed within strict deadlines. Missing deadlines can limit options.  In our experience, we have seen cases where issues only became clear after trial.  This stage is an important safeguard in the judicial system.

How Long Does a Criminal Case Take in California?

This is one of the most common questions we hear, and there is no one answer because it depends on a number of factors.  For example, Misdemeanor cases can sometimes be resolved in a few months. Felony cases, especially those going to trial, can take much longer.

Under Penal Code § 1382, there are time limits for bringing a case to trial, but these deadlines are often extended for various reasons.

Factors that affect timing include:

• The complexity of the case
• Court scheduling
• Whether the case resolves early or goes to trial

What we typically see the timeline can feel slow; however, each step serves a purpose.

How Dod Law Helps at Every Stage | Criminal Defense in California 

Criminal cases do not follow a predictable script. This is why hiring an experienced lawyer matters. With many decades of experience, Dod Law has handled cases at every stage from arrest through trial and beyond.

What sets the approach apart is understanding how cases actually unfold in real courtrooms, not just on paper.

That includes:

• Knowing where early decisions can change the outcome
• Recognizing patterns in how prosecutors build cases
• Identifying issues before they become bigger problems

Every case is different, but having the right strategy early on can make a meaningful difference in how things ultimately play out.

Final Thought |  Criminal Defense in California 

Facing a criminal case in California can feel overwhelming and exhausting, especially if it is your first time dealing with the system.

Once you understand how each stage works and where key decisions happen, you start to see where things can shift.

In our many decades of experience, it is those early stages that end up having the biggest impact on the outcome.

Act Now!  Time is Critical | Contact Dod Law | Criminal Defense in California 

To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 814-5110 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form

Frequently Asked Questions | FAQ