You’re facing criminal charges in California—a moment that can turn your world upside down. You might have never been charged with a crime before, and you might feel overwhelmed and unsure of what to expect. Whether you’ve been arrested or notified of the charges, knowing what to expect and what steps are ahead can make a significant difference in your ability to remain calm and do what’s best for your future.

This article seeks to answer the question, What happens when you are charged with a crime in California? Because it is so important, we will also discuss how obtaining skilled legal representation can be the best thing you can do to protect your rights and future.

Investigation and Arrest

Criminal cases often begin with an investigation. If police witness you commit a crime, they might arrest you on the spot. If they don’t witness it but suspect you are involved in criminal activity, police may gather evidence, question witnesses, and monitor your activities. They’ll likely make an arrest once they believe they have uncovered probable cause.

If you’re arrested, the officer will inform you of your Miranda rights, including the right to remain silent and the right to an attorney. Use these rights to protect yourself from self-incrimination. No matter how innocent you think it is, the prosecution can use anything you say against you later.

Charges Are Filed Against You

Once arrested, the case moves to the prosecutor’s office. The prosecutor reviews the evidence before deciding whether to formally charge you with a crime. Depending on the charges, California prosecutors may charge you with a misdemeanor or a felony. But what happens after charges are filed?

After charges are filed against you, you’ll receive a court date for your arraignment. If you don’t already have an attorney, getting one at this point is critical. A skilled attorney is essential to evaluate the evidence against you and begin building a defense.

Arraignment and Bail

Your first court appearance is your arraignment. If you are in custody, you’ll attend this hearing within 48 hours of arrest. If you bond out or don’t get arrested, you’ll receive notice of your arraignment date. This first court appearance is a crucial step in the legal process. During this hearing:

  • You’ll be informed of the charges against you;
  • The judge will explain your constitutional rights;
  • If you are still in custody, the judge will address and possibly alter your bail amount; and
  • You’ll enter a plea of guilty, not guilty, or no contest.

At this very early stage, your criminal defense lawyer has not yet had the chance to review all of the discovery, so most people enter a plea of not guilty. If you plead not guilty, the court schedules the next steps, including pretrial hearings and a trial. For felonies, this process may also include assigning a preliminary hearing date to review the prosecution’s evidence.

As mentioned, the judge may also discuss bail. California’s bail system allows some counties, like LA County Courts, to consider release based on risk assessment rather than cash payment. Factors influencing bail include:

  • The severity of the offense,
  • Your criminal history, and
  • Whether you pose a flight risk.

Depending on the circumstances, your attorney can advocate for reduced bail or request release on your own recognizance. However, certain offenses may require you to be detained.

Pretrial Motions and Plea Options

Between the arraignment and trial, the pretrial phase is crucial. Your attorney will examine all the evidence provided by the prosecution and likely also conduct their own investigation. If they find grounds, they can file motions to suppress evidence or dismiss the charges. They will also negotiate advantageous plea deals with the prosecutor.

Depending on the strength of the evidence against you, the prosecution may offer an advantageous plea bargain, or they might reduce the charges and lower the penalties accordingly. While this may sound appealing, it’s not always the best option. You always have the option of going to trial, but discuss your case thoroughly with your lawyer. Your lawyer can weigh the strength of your case, explain your options, and help you choose the right strategy.

Trial or Resolution

If your case proceeds to trial, the prosecution and defense present their evidence and arguments before a judge or jury. The prosecution must prove every element of the crime and your guilt beyond a reasonable doubt.

If convicted, sentencing will follow. Depending on the charge, the sentence could include jail or prison time, fines, probation, or other penalties.

Typically, misdemeanor sentences are less severe than more serious crimes. Felonies can result in long-term consequences, such as prison sentences, losing the right to vote, or losing the right to possess firearms.

Trials are often stressful and time-consuming, but with the right attorney, you’ll have someone fighting to protect your rights and provide clarity throughout the process.

Why Legal Representation Matters

Hiring an attorney ensures you have an advocate who understands California’s legal system, negotiates aggressively on your behalf, and protects your future. A skilled attorney knows how to assess the evidence, find weaknesses in the case, and negotiate zealously for a good plea bargain. If they find illegal police activity, they can file motions to suppress evidence—greatly weakening the prosecution’s case.
Also, attorneys are trained in the rules of evidence and trial practice. If your case goes to trial, they know how to conduct jury selection, examine and cross-examine witnesses, and argue persuasively for an acquittal. 

Your Next Step Toward Resolution

Comings Law offers more than legal experience and skill; we provide a partnership focused on achieving the best possible outcome for your case. From the moment charges are filed against you, our team, led by recognized Attorney Greg Comings, is here to protect your future and defend your rights and reputation. Don’t wait to secure the legal support you need. Let us guide you through this challenging time with the skill and compassion you deserve.

Contact us today to schedule a consultation and learn how we can fight for you.

Resources:

  • Should Money Decide Who is Kept in Jail? More Locations Are Saying No. The Marshall Project (2023), link
  • Criminal court. California Courts. Link
  • Criminal Filing Procedures. Central District of California – US District Court, link
  • How Does Criminal Justice System Work, Shasta County District Attorney Office, link