California Criminal Court Process

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Understanding the California Criminal Court Process

Being charged with a crime in California means entering a court process that most people have never experienced and that moves faster than most defendants expect. Understanding what happens at each stage — and what decisions need to be made at each point — is essential to protecting your rights and your future. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years guiding clients through the California criminal court process throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

The Arrest and Booking Process

The criminal court process begins before any court appearance takes place. After an arrest law enforcement books the defendant into custody which involves recording personal information, photographing, fingerprinting, and in many cases holding the defendant until bail is posted or until a bail hearing is conducted. The booking process also triggers the formal documentation of the charges and begins the clock on the time periods that govern how quickly the case must proceed through the court system.

In California a person who is held in custody must be arraigned within 48 hours of arrest excluding weekends and holidays. For defendants released on bail or their own recognizance the arraignment is typically scheduled within a few days to weeks depending on the court and the nature of the charges.

Prefiling Intervention — The Window Most People Miss

Before any court appearance occurs there is a critical window that most defendants do not know exists. After an arrest and before the District Attorney formally files charges a defense attorney can contact the filing deputy directly to present mitigating information, challenge the basis for the arrest, and argue that charges should not be filed. This prefiling intervention — sometimes called a DA reject — can result in no charges being filed at all.

This window closes the moment charges are filed and it cannot be reopened. It is the single most important opportunity in the entire criminal court process for defendants whose cases have weaknesses in the evidence or where mitigating circumstances could influence the filing decision. Our criminal defense attorney pursues prefiling intervention in every case where the facts support it.

Arraignment

The arraignment is the defendant’s first formal court appearance. The charges are read, the defendant enters a plea of guilty, not guilty, or no contest, and bail conditions are set or reviewed. In virtually every case the correct plea at arraignment is not guilty regardless of the facts because entering a not guilty plea preserves every option — it does not foreclose negotiation, diversion, or trial and it gives the defense time to review the evidence before any decisions are made.

Arraignment is also when the court sets the conditions of the defendant’s release if they are not already out of custody. Bail can be reduced, released on own recognizance conditions can be modified, and protective orders can be challenged at this stage. Having an attorney present at arraignment rather than appearing alone or with a public defender who has not had time to review the case makes a material difference in these early decisions.

Preliminary Hearing — Felony Cases Only

In felony cases a preliminary hearing is held before the case proceeds to trial. At the preliminary hearing the prosecution must present evidence establishing probable cause that the defendant committed the charged offense. The standard is significantly lower than the beyond a reasonable doubt standard at trial but the preliminary hearing is a critical opportunity for the defense.

Our criminal defense attorney uses the preliminary hearing to cross-examine the prosecution’s witnesses under oath, lock in testimony that can be used at trial, identify weaknesses in the prosecution’s evidence, and in some cases bring a PC 995 motion to have charges reduced or dismissed when the evidence presented does not support the charge. The preliminary hearing record becomes part of the permanent case record and the testimony given by prosecution witnesses there is available for impeachment at trial.

Pretrial Motions

After the preliminary hearing and before trial the defense files pretrial motions that can fundamentally change the trajectory of the case. The most important is the motion to suppress evidence under Penal Code 1538.5 which challenges the legality of the search or seizure that produced the prosecution’s key evidence. When a suppression motion succeeds the excluded evidence cannot be used at trial and in most cases the prosecution cannot proceed without it.

Other pretrial motions include motions to dismiss for insufficient evidence, motions to exclude prior conviction evidence, motions challenging the admissibility of identification evidence, and Pitchess motions seeking the personnel records of law enforcement officers whose conduct is at issue in the case. The pretrial motion phase is where experienced criminal defense work has the most direct impact on case outcomes.

Plea Negotiations

The vast majority of criminal cases in California resolve through negotiated dispositions rather than trial. Plea negotiations can occur at any stage of the proceedings from the prefiling stage through the eve of trial. What the prosecution offers and what can be negotiated depends on the strength of their evidence, the results of pretrial motions, the defendant’s background, and how effectively the defense has challenged the case at every prior stage.

Our criminal defense attorney approaches every negotiation from a position built on thorough case preparation. The strongest negotiating position comes from having challenged the evidence effectively, filed meritorious suppression motions, and made clear that the defense is prepared to take the case to trial if the offer does not reflect the true value of the case.

Trial

When a negotiated resolution is not achievable or not in the defendant’s best interest the case proceeds to trial. California criminal defendants have the right to a jury trial in which twelve jurors must unanimously find the defendant guilty beyond a reasonable doubt. The prosecution presents its case first followed by the defense. Each side can cross-examine the other’s witnesses and present independent evidence. The defendant has the right to testify or to remain silent and the prosecution cannot comment on the defendant’s choice not to testify.

A not guilty verdict results in acquittal and the defendant cannot be retried for the same offense. A guilty verdict leads to sentencing. Our criminal defense attorney prepares every case for trial from the first consultation regardless of whether a negotiated resolution ultimately occurs because the strength of the trial preparation directly affects every other outcome in the case.

Sentencing

When a conviction results either through a plea or a trial verdict sentencing follows. California judges have discretion within the ranges set by statute and the defense has the opportunity to present mitigating evidence, character witnesses, rehabilitation efforts, and any other information relevant to the appropriate sentence. Our criminal defense attorney prepares a comprehensive sentencing memorandum in every case presenting the full picture of the defendant’s background and circumstances to argue for the most favorable outcome within the available range.

Facing Criminal Charges in Los Angeles

If you have been charged with a crime in Los Angeles contact The Law Offices of Arash Hashemi today. Our criminal defense attorney has spent over 20 years guiding clients through the California criminal court process throughout Los Angeles County. Attorney Hashemi will explain exactly where your case stands, what decisions need to be made at each stage, and what the defense strategy looks like from the first consultation through resolution. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients navigating the California criminal court process across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.