Charged With a Crime in California? Here's How the Court Process Works

What Happens at Your Arraignment

The arraignment is the first hearing in any California criminal case. At it, the judge tells the defendant exactly what they're charged with, accepts a plea, and decides whether the defendant goes home or has to post bail.

Four things happen at this hearing:

• The charges are read. You learn, formally, what the government says you did.
• You enter a plea, through your attorney: guilty, not guilty, or no contest.
• You receive the prosecution's initial evidence — the first batch of discovery, such as police reports.
• The judge sets your release status — either an "O.R." release (released on your own recognizance, meaning a promise to return) or a bail amount you'll need to post.

Guilty, Not Guilty, or No Contest: What's the Difference?

Under California Penal Code § 1016^[1], a defendant can enter several kinds of pleas, but three come up in almost every case:

• Guilty — an admission to the charge.
• Not guilty — the case proceeds toward pretrial hearings and, potentially, trial.
• No contest (nolo contendere) — in criminal court, this is treated exactly like a guilty plea; you're convicted and sentenced the same way. The difference shows up outside criminal court: in misdemeanor cases only, a no contest plea generally can't be used against you as an admission of fault in a related civil lawsuit. For anything charged as a felony, the law treats a no contest plea the same as a guilty plea for every purpose, including a later civil case.

How a Misdemeanor Case Moves Through California Courts

1. Arraignment (above).
2. Pretrial hearings. Despite the name, these don't mean trial is next — they're simply every hearing that happens between arraignment and trial. This is where both sides exchange evidence, file and argue motions, negotiate, and set future court dates. Most misdemeanor cases are resolved at this stage, either dismissed or settled through a negotiated plea.
3. Trial, if the case isn't resolved first.

Under Penal Code § 1382^[2], a misdemeanor defendant generally has the right to trial within 30 days of arraignment if in custody, or 45 days if out of custody, unless that time is waived.

How a Felony Case Moves Through California Courts

Felony cases carry two extra steps because the prosecution has to clear a higher bar before the case can proceed to trial:

1. Arraignment — same as above.
2. Preliminary hearing. A short hearing where the prosecution presents witnesses and evidence — not to convince a jury of guilt, but to convince the judge that probable cause exists. If the judge agrees, the defendant is "held to answer" and the case moves forward. If not, the case is dismissed. A defendant in custody is generally entitled to this hearing within 10 court days of arraignment, per Penal Code § 859b^[3].
3. Arraignment on the information. If held to answer, the prosecution files a new charging document (the "information"), and the defendant is arraigned a second time and enters a new plea.
4. Pretrial hearings — the same process described above.
5. Trial, if the case isn't resolved. Felony defendants are generally entitled to trial within 60 days of the arraignment on the information, under Penal Code § 1382^[2].

Bench Trial or Jury Trial?

California recognizes two kinds of criminal trials:

• Bench trial — a judge alone decides guilt. This only happens if both the defense and the prosecution agree to waive a jury.
• Jury trial — twelve members of the community decide, and their verdict must be unanimous.

Inside a California Jury Trial

1. Pretrial motions (motions in limine) — arguments over what evidence the jury will and won't hear.
2. Jury selection (voir dire) — attorneys and the judge select the jury and alternates.
3. Opening statements — each side previews what they expect the evidence to show.
4. The prosecution's case — witnesses testify on direct examination, then the defense cross-examines.
5. The defense's case — the defense may call its own witnesses and present its own evidence.
6. Closing arguments — each side makes its final case to the jury.
7. Deliberation and verdict — jurors meet privately and must unanimously agree on guilty or not guilty.

After the Verdict

• Guilty — the judge moves to sentencing.
• Not guilty — the case is dismissed.
• No unanimous verdict — the judge declares a mistrial and decides whether the case will be retried or dismissed.