From Arrest to Acquittal: A Timeline of the California Criminal Justice Process

Being arrested and facing criminal charges in California can be an overwhelming and confusing experience. Whether you’re accused of a misdemeanor or a serious felony, the process from arrest to potential acquittal follows a series of legal steps governed by strict timelines, rules of procedure, and constitutional protections. Understanding what to expect can help reduce fear and empower defendants to make informed decisions.

This blog outlines the timeline of a typical California criminal case—from the moment of arrest to the possibility of acquittal at trial—and highlights how an experienced defense attorney can support you at each critical stage.

1. Arrest: The Beginning of the Process

The criminal justice process begins when a person is arrested by law enforcement. An arrest can occur in two main ways:

• With a warrant: A judge has reviewed probable cause and issued a warrant for arrest.
• Without a warrant: An officer personally observes a crime or has probable cause to believe a person committed a crime.

After arrest, the suspect is taken into custody, booked (fingerprinted, photographed, and processed), and either held in jail or released with a citation and notice to appear in court.

Key Rights at This Stage:

• The right to remain silent
• The right to an attorney
• The right to be informed of charges

2. Arraignment: First Court Appearance

Typically, within 48 business hours of arrest (excluding weekends and holidays), the defendant appears in court for an arraignment. This is the formal beginning of the court case.

At arraignment:

• The charges are read
• The defendant enters a plea (Not Guilty, Guilty, or No Contest)
• Bail is addressed—whether the defendant will be released, required to post bail, or held in custody
• Future court dates are scheduled

In misdemeanor cases, the defendant may be released on their own recognizance (OR). In felony cases, a judge determines bail or holds a bail hearing.

How a Defense Lawyer Helps: A defense attorney can argue for reduced bail or OR release, advise the defendant on how to plead, and start strategizing the case.

3. Pretrial Phase: Investigation and Negotiation

After arraignment, the case enters the pretrial phase, which involves:

• Discovery: The defense and prosecution exchange evidence
• Investigation: The defense may interview witnesses, gather documents, and consult experts
• Motions: Legal filings like motions to suppress evidence, dismiss charges, or reduce felonies to misdemeanors
• Plea Bargaining: Many cases are resolved at this stage through negotiations—where the defendant may plead to a lesser charge in exchange for a lighter sentence

This phase can last weeks or months, depending on the complexity of the case.

Key Considerations:

• Weak evidence may lead to dismissal or reduced charges
• Motions can limit what evidence the prosecution can use
• Plea deals are not mandatory—defendants have the right to proceed to trial

4. Preliminary Hearing (Felony Cases Only)

For felony charges, California law provides for a preliminary hearing—a “mini-trial” where the judge decides whether there’s enough evidence for the case to proceed.

• The prosecution presents witnesses and evidence
• The defense can cross-examine and challenge the evidence
• If the judge finds probable cause, the case moves forward (defendant is “held to answer”)
• If not, the charges may be reduced or dismissed

This typically occurs within 10 court days of arraignment, though it can be delayed by either party.

Defense Strategy: This is a critical opportunity to evaluate the strength of the case and lock in witness testimony under oath for later use at trial.

Also known as a pretrial conference, this is held shortly before trial to determine whether the case can be resolved or will go to a jury. Both sides meet with the judge to discuss:

5. Trial Readiness Conference

• Status of plea negotiations
• Motions in limine (to exclude or admit certain evidence)
• Jury selection procedures
• Trial logistics

This is often a last chance to reach a plea deal before jury selection begins.

6. Trial: The Search for Truth

If no resolution is reached, the case proceeds to trial—a constitutional right for all criminal defendants. In California, a trial can be by jury or by judge (bench trial), though jury trials are far more common.

Key Phases of Trial:

1. Jury Selection (Voir Dire) – Selecting unbiased jurors
2. Opening Statements – Both sides outline their case
3. Prosecution’s Case – Presents witnesses and evidence
4. Defense Case – May present evidence or witnesses (but is not required to)
5. Closing Arguments
6. Jury Deliberation – Jurors deliberate privately and return a verdict

The prosecution bears the burden of proving guilt beyond a reasonable doubt—a high legal standard.

Possible Outcomes:

• Acquittal: Not guilty — the defendant is free, and the case is over
• Conviction: Guilty — proceeds to sentencing
• Hung Jury: No unanimous decision — may result in a mistrial or retrial

7. Sentencing (If Convicted)

If the defendant is found guilty, the case moves to sentencing, where the judge imposes penalties based on the severity of the crime, criminal history, and mitigating/aggravating factors.

Possible penalties in California include:

• Jail or prison time
• Probation
• Fines
• Restitution to victims
• Community service
• Mandatory classes (anger management, drug treatment, etc.)

A defense attorney can advocate for leniency, propose alternative sentencing, and present mitigating evidence.

8. Post-Trial Options

Even after trial, defendants may have options:

• Appeal: If errors occurred during trial, a higher court can review and potentially reverse the decision
• Expungement: In some cases, records can be sealed or expunged after serving a sentence
• Motions for a New Trial: If new evidence emerges

Each option involves strict timelines and legal requirements.

Why Legal Representation Matters Every Step of the Way

Navigating California’s criminal justice system without legal help can lead to serious consequences. From the moment of arrest, an experienced criminal defense attorney:

• Protects your constitutional rights
• Challenges unlawful searches or detentions
• Negotiates with prosecutors to reduce or dismiss charges
• Builds a strong defense and prepares for trial
• Advises you on whether to take a plea or proceed to trial
• Advocates for the most favorable outcome, whether acquittal or reduced penalties

Every stage of the process—from arrest to acquittal—requires careful legal analysis, strategic thinking, and deep understanding of California law.

Speak to Our Marin County Criminal Defense Lawyer as Soon as Possible

The path from arrest to acquittal is rarely straightforward. It’s a complex journey filled with legal hurdles, critical decisions, and the constant need for strategic advocacy. But with the right legal representation, a defendant can navigate California’s criminal justice process with confidence and fight for the best possible outcome.

Whether you’re facing misdemeanor charges or serious felonies, your rights and your future depend on understanding the process—and securing an experienced Marin County criminal defense attorney to help you every step of the way. Contact us today.