An Overview of Criminal Law

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What You Need to Know About the Criminal Justice System Before Your First Court Date.

Being arrested or charged with a crime in California raises immediate questions that most people have never had to think about before. How does the process work? What are your rights? What happens next? This page provides a factual overview of how the California criminal justice system operates, what the law requires, and what you should know before making any decisions about your case. If you have been charged with a crime and need to speak with an attorney, call The Law Offices of Arash Hashemi at (310) 448-1529 for a free, confidential consultation.

What Is the Difference Between a Felony and a Misdemeanor in California?

California divides criminal offenses into three categories: infractions, misdemeanors, and felonies. The category of the charge you are facing determines the penalties, the procedures that apply, and the long-term consequences of a conviction.

Infractions The least serious category of offense, typically punishable by a fine only. Traffic violations are the most common example. There is no jail time, no right to a jury trial, and a conviction does not create a criminal record in the traditional sense.

Misdemeanors Punishable by up to one year in Los Angeles County Jail, fines, probation, and other court-imposed conditions. A conviction creates a permanent criminal record that surfaces on background checks. Common examples include DUI, petty theft, simple assault and battery, domestic battery, and drug possession. Some misdemeanor offenses carry mandatory minimum sentences or mandatory registration requirements.

Felonies The most serious category, carrying more than one year in state prison, substantial fines, and a permanent record with consequences that reach into employment, housing, professional licensing, and immigration status. Many felonies are strike offenses under California’s Three Strikes law. Some offenses are wobblers, meaning they can be charged as either a misdemeanor or a felony depending on the circumstances and the defendant’s prior record. How a wobbler is charged can often be influenced by early legal intervention.

Are Police Allowed to Lie During Questioning or Interrogation?

Yes. Law enforcement officers in the United States are legally permitted to use deceptive tactics during interrogations. This includes making false statements about the evidence they have, falsely claiming a co-defendant has already confessed, and misrepresenting what will happen if you cooperate. The U.S. Supreme Court has confirmed this is lawful. What this means practically is that when an officer tells you things will go better if you talk, that they already have everything they need, or that someone else has already implicated you, they may be lying. None of those statements create any obligation for you to respond.

Your right to remain silent is guaranteed by the Fifth Amendment. You are not required to answer questions beyond providing your name in certain circumstances. After an arrest, clearly invoke your right to remain silent and your right to an attorney, then stop talking entirely. Anything you say to law enforcement can and will be used against you in court.

How Does Bail Work in California?

Bail is the amount of money a defendant posts with the court to be released from custody while their case is pending. It is a financial guarantee that the defendant will appear at all required court dates. If the defendant appears as required, the bail is returned at the conclusion of the case regardless of the outcome. If they fail to appear, the bail is forfeited and a bench warrant is issued.

How Bail Is Set

Bail is initially determined by a county bail schedule that assigns a standard amount to each offense type. At arraignment, a judge can increase or decrease that amount based on the severity of the charge, the defendant’s prior criminal history, their ties to the community, flight risk, and danger to the public. An experienced criminal defense attorney can argue for a reduction in bail or for release on own recognizance at this stage, which is one of the most important early opportunities in any case.

Bail Bonds

Most defendants cannot pay the full bail amount out of pocket. A bail bondsman will post bail on the defendant’s behalf in exchange for a nonrefundable premium, typically 10 percent of the total bail amount. If the defendant fails to appear, the bondsman is liable for the full amount and will typically hire a bail recovery agent to locate and return the defendant to custody.

Release on Own Recognizance

A judge can release a defendant on their own recognizance without requiring any payment. The defendant signs a written promise to appear at all future court dates. This is more common in misdemeanor cases and for defendants with no prior criminal history and demonstrable ties to the community.

What Are the Alternative Punishments to Jail in California?

Incarceration is not the only outcome a California court can impose after a conviction. Depending on the offense, the defendant’s history, and the specific circumstances, a range of alternatives may be available.

Probation is the most common alternative. The court suspends the jail or prison sentence and releases the defendant under court-ordered conditions for a specified period, including regular check-ins, drug testing, community service, and full compliance with the law. A probation violation can result in the original sentence being imposed.

For drug-related offenses, courts can order participation in a licensed treatment program in lieu of incarceration. Under Proposition 36 and Penal Code 1000, eligible defendants who complete a court-approved program may have their charges dismissed entirely. These diversion programs are among the most valuable outcomes available in drug cases and our firm pursues them aggressively for every eligible client.

Other alternatives include community service ordered in lieu of or alongside other penalties, electronic monitoring allowing defendants to serve portions of a sentence at home under strict movement conditions, and work furlough which permits defendants sentenced to county jail to maintain employment during the day and return to custody in the evenings. Courts also impose fines and victim restitution as standard components of most sentences at both the misdemeanor and felony level.

Mental health diversion under Penal Code 1001.36 offers another pathway for defendants whose offense was directly related to a diagnosed mental health condition, allowing charges to be dismissed upon successful completion of a treatment plan.

What Happens After Getting Arrested in California?

Understanding the sequence of events following an arrest helps you know what to expect and where the most critical decisions are made.

Booking is the first step after an arrest. The defendant is transported to a police station or county jail where personal information is recorded, photographs and fingerprints are taken, and personal property is inventoried. The defendant remains in custody pending arraignment unless released on bail or own recognizance.

Arraignment is the defendant’s first formal court appearance. The defendant is advised of the charges, enters a plea of guilty, not guilty, or no contest, and bail is addressed. In California, defendants in custody must be arraigned within 48 hours of arrest, excluding weekends and holidays. Having an attorney at the arraignment is critical. Bail conditions are set at this stage and a strong argument for reduced bail or own recognizance release can make an immediate difference.

In felony cases, the prosecution must establish probable cause before the case proceeds to trial. This happens either through a preliminary hearing before a judge or through a grand jury indictment. The preliminary hearing is a significant opportunity to challenge the sufficiency of the prosecution’s evidence and in some cases results in charges being reduced or dismissed entirely.

Pretrial proceedings follow arraignment and involve the exchange of evidence between the parties, known as discovery. Defense attorneys file motions during this phase including motions to suppress unlawfully obtained evidence, motions to dismiss charges, and motions to exclude specific evidence from trial. Many cases resolve through negotiated plea agreements during this phase.

If the case proceeds to trial, the prosecution must prove every element of the charged offense beyond a reasonable doubt. The defendant has no obligation to testify or present any evidence. In California, a criminal jury verdict must be unanimous. If the jury cannot reach a unanimous decision, the judge declares a mistrial and the prosecution may elect to retry the case.

Sentencing follows a guilty verdict at trial or a guilty or no contest plea. The court imposes a sentence that may include incarceration, probation, fines, restitution, and other conditions. Defense counsel presents mitigating evidence and sentencing arguments at the hearing to advocate for the most favorable outcome available.

Common Misconceptions About Being Arrested for a Crime

You must answer police questions to clear your name.

This is one of the most dangerous misconceptions in criminal law. Volunteering information to law enforcement, even if you are innocent, creates opportunities for statements to be taken out of context, mischaracterized, or used against you. You have the right to remain silent. Exercise it and contact an attorney immediately.

If the alleged victim does not want to press charges, the case will be dropped.

In California, the decision to file and pursue criminal charges rests entirely with the prosecuting agency, not the alleged victim. This is particularly common in domestic violence cases, where prosecutors frequently proceed with charges even when the alleged victim recants or refuses to cooperate. An experienced criminal defense attorney can still challenge the prosecution’s evidence even without the alleged victim’s cooperation.

A public defender is just as effective as a private attorney.

Public defenders are licensed attorneys, but they carry extremely heavy caseloads that limit the time and resources they can dedicate to any individual case. A private criminal defense attorney takes on fewer cases, dedicates more time to investigation and preparation, and has greater resources to retain independent experts, conduct witness interviews, and file comprehensive pretrial motions. The difference in preparation and attention can be decisive in the outcome of a case.

Pleading guilty is always the fastest way to resolve a case.

A guilty plea results in a permanent criminal conviction with all associated consequences. Before entering any plea, every defendant should have a thorough analysis of the charges, the evidence, and the available defenses from an experienced criminal defense attorney. In many cases, charges that initially appear overwhelming can be reduced or dismissed through effective legal representation.

Speak Directly with a Criminal Defense Attorney

If you have been arrested or charged with a crime in Los Angeles, the information on this page is a starting point. Every case is different, and the only way to understand what your specific situation means and what your options are is to speak directly with an attorney.

Call our firm immediately or schedule a confidential consultation with Attorney Hashemi using our secure online system. We will review the facts of your case, explain your options, and build a defense strategy focused on protecting your record and your future.

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We are conveniently located in the Westside Towers in Los Angeles, serving clients across Los Angeles County. We have flexible scheduling including weekend appointments, and we will visit you in jail to discuss your case. Contact our firm today.