Charged in California? What Happens Next in Criminal Court
Updated: Sep 6
If you have been charged with a crime in California, the next step is arraignment: a court hearing where you are formally told what the charges are, you enter a plea, and the judge decides whether you stay out of custody and on what terms. After that, a misdemeanor case moves through pretrial conferences toward a plea agreement, a dismissal, or a trial. A felony case adds a preliminary hearing where a judge decides whether there is probable cause to hold you for trial. Along the way, your defense attorney can file motions, challenge evidence, and negotiate with the prosecutor. This article explains each stage as it actually happens in Riverside County and San Bernardino County courtrooms, and what you can do right now to protect yourself.
Who Decides Whether You Are Charged?
Police officers do not file criminal charges. They arrest, investigate, and write reports. Those reports go to the prosecuting agency, usually the District Attorney's Office in Riverside County or San Bernardino County, or a city attorney for some misdemeanors. A prosecutor reviews the report and decides whether to file a complaint, what charges to include, and whether to charge each count as a misdemeanor or a felony. Some offenses, called wobblers, can be filed either way, and that filing decision often shapes the entire case.
What Happens at Arraignment in California?
Arraignment is the first appearance. If you were arrested and held in custody, it usually happens within 48 hours, not counting weekends and court holidays. If you were cited and released or bailed out, your arraignment date is written on your citation or bail paperwork, and it may be weeks or even months away. In some cases the prosecutor has not filed charges by that date, and the clerk tells you no case is on calendar. That does not mean the matter is over. Charges can still be filed later, within the statute of limitations, and you may receive a letter or a warrant instead of a courtesy call.
At arraignment, the judge or a clerk reads the charges or takes a waiver of the reading, confirms your identity, advises you of your constitutional rights, and asks for a plea. In nearly every case the correct plea at arraignment is not guilty. A not guilty plea preserves every option. It does not mean you are claiming innocence in some moral sense; it means you are requiring the prosecution to prove its case and giving your attorney time to review the evidence. Pleading guilty at arraignment without having seen the police report or the discovery is almost always a mistake.
Bail, Own Recognizance Release, and Pretrial Conditions
The judge decides at arraignment whether you will be released and on what conditions. The options are release on your own recognizance, often called OR release, which is a promise to return to court; release on bail, which is money or a bail bond posted as security; or, in serious cases, no release at all.
Each county has a bail schedule that sets presumptive amounts by charge, and jails use that schedule before you ever see a judge. At arraignment, the judge can raise, lower, or eliminate bail. Under Penal Code section 1275, the court considers the seriousness of the offense, your criminal history, the likelihood you will appear, and public safety. The California Supreme Court held in In re Humphrey (2021) 11 Cal.5th 135 that a court may not keep someone in custody simply because they cannot afford the scheduled bail amount without considering their ability to pay and whether less restrictive conditions would protect the public and ensure their return. In practice, judges in the Inland Empire now regularly release people on OR with conditions such as electronic monitoring, alcohol monitoring, stay-away orders, or check-ins with pretrial services, rather than setting cash bail.
If the judge sets bail you cannot post, your attorney can request a bail review hearing. Coming to that hearing with specifics helps: proof of employment, a stable address, family ties in Riverside or San Bernardino County, evidence of treatment enrollment, and a concrete supervision plan. Judges respond to a plan more than to a plea for leniency.
Misdemeanor Track Versus Felony Track
The path your case follows depends on how it was charged. A misdemeanor is punishable by up to one year in county jail. After arraignment, a misdemeanor case is set for one or more pretrial conferences and then, if it does not resolve, a jury trial. There is no preliminary hearing. Speedy trial rules under Penal Code section 1382 require a misdemeanor trial within 30 days of arraignment if you are in custody or 45 days if you are out, unless you waive time. Most defendants waive time so the defense can obtain discovery and investigate, but the choice is yours.
A felony is punishable by more than a year and can lead to state prison or, for many offenses, a county jail sentence under realignment. A felony case has two phases. Before the preliminary hearing, the case is on the complaint. After the preliminary hearing, if you are held to answer, the prosecutor files a document called an information, and you are arraigned a second time on that information. Then the case proceeds through pretrial conferences and readiness hearings toward trial. Felony trials must begin within 60 days of the arraignment on the information unless time is waived.
What Happens at a Pretrial Conference?
Pretrial conferences, sometimes called felony settlement conferences or trial readiness conferences depending on the courthouse, are where most of the work happens. The prosecutor and defense attorney exchange discovery, discuss the strengths and weaknesses of the case, and talk about resolution. In Riverside County courthouses such as the Hall of Justice in Riverside, the Southwest Justice Center in Murrieta, and the Larson Justice Center in Indio, and in San Bernardino County courthouses including the San Bernardino Justice Center, Rancho Cucamonga, Victorville, and Fontana, these conferences frequently take place in the hallway or a conference room before the case is called.
The Preliminary Hearing in a Felony Case
If you are charged with a felony, you have the right to a preliminary hearing. If you are in custody, the hearing must be held within 10 court days of arraignment unless you waive that right under Penal Code section 859b, and within 60 days in any event unless waived. The standard at a preliminary hearing is probable cause, which is far lower than proof beyond a reasonable doubt. Under Proposition 115 and Penal Code section 872, officers can testify to hearsay, meaning an officer can relate what a witness told them without the witness appearing.
Because the standard is low, most preliminary hearings end with the defendant being held to answer. That does not make the hearing useless. It is the first time the defense can cross-examine officers under oath, lock in their version of events, and expose gaps in the investigation. A prosecutor who watches an officer struggle on cross at the prelim often makes a better offer afterward. The defense can also argue for reduction of a wobbler to a misdemeanor under Penal Code section 17(b) at this stage, and can move to dismiss counts that lack probable cause. If the magistrate holds you to answer on a theory the evidence does not support, a motion under Penal Code section 995 asks a superior court judge to set the information aside.
Pretrial Motions That Can Change a Case
Motions are where a defense attorney tests the prosecution's evidence before a jury ever sees it. The most important is the motion to suppress under Penal Code section 1538.5, which asks the court to exclude evidence obtained through an unlawful search or seizure in violation of the Fourth Amendment. If the traffic stop that led to a DUI arrest lacked reasonable suspicion, or the search of a car or phone exceeded what the law allows, the evidence that flowed from it may be excluded. In a felony case, this motion can be heard at the preliminary hearing or afterward. In a misdemeanor case, it is set as a separate hearing.
Plea Negotiations and What a Good Offer Looks Like
The overwhelming majority of criminal cases in California resolve by plea agreement. Negotiation is not a sign of weakness; it is the mechanism by which risk is managed on both sides. A prosecutor weighs the strength of the evidence, the victim's wishes, your record, and the office's policies. A defense attorney weighs the likely outcome at trial, the collateral consequences of any conviction, and what matters most to you, which may be avoiding jail, keeping a professional license, protecting immigration status, or avoiding a strike.
A good offer is judged against the realistic alternatives, not against a fantasy of dismissal. Sometimes the right result is a reduction from a felony to a misdemeanor, a plea to a lesser offense, or diversion under Penal Code section 1000 for drug offenses, section 1001.95 for many misdemeanors, or section 1001.36 for mental health diversion, where the case is dismissed upon completion of a program. Sometimes the right result is to reject every offer and go to trial. Judges must approve plea agreements, and the plea colloquy on the record requires you to give up the right to a jury trial, to confront witnesses, and to remain silent, knowingly and voluntarily. Understand what you are agreeing to before you say yes.
Trial
If the case does not resolve, it goes to trial. You have a right to a jury of twelve in both misdemeanor and felony cases, and the verdict must be unanimous. Trial begins with jury selection, then opening statements, the prosecution's evidence, the defense case if any, closing arguments, and deliberation. The prosecution bears the burden of proving every element beyond a reasonable doubt. You are never required to testify, and the jury is instructed not to hold your silence against you.
What to Do Before Your Arraignment
First, do not talk about the case with anyone except your lawyer. Not the police, not the alleged victim, not friends, not on social media, and not on a recorded jail phone. Statements you think are harmless become exhibits.
Second, hire counsel before the arraignment if you can. An attorney who has reviewed the complaint before the first appearance can enter the plea, argue for OR release, address a protective order, and in a misdemeanor case may be able to appear without you. Early involvement is also the only way to attempt a pre-filing conversation with the prosecutor.
Third, preserve evidence. Save text messages, photographs, receipts, and location data. Write down the names of witnesses while you remember them. Note the addresses of businesses whose surveillance cameras may have captured what happened, because that footage is often overwritten within days or weeks.
Fourth, if the charge is DUI, request a DMV administrative per se hearing within 10 days of your arrest. That deadline is separate from the court case, and missing it forfeits the hearing.
Fifth, show up. A failure to appear leads to a bench warrant and a new charge under Penal Code section 853.7 or section 1320 for misdemeanors and section 1320.5 for felonies. Being late is not the same as not showing, but arrive early, dressed as if it matters, because it does.
Frequently Asked Questions
How long does a criminal case take in California?
A misdemeanor with no unusual issues often takes two to six months from arraignment to resolution. A felony can take six months to over a year, and serious felonies longer. Time waivers, discovery delays, motion practice, and courtroom availability in Riverside and San Bernardino Counties all affect the timeline.
Can charges be dropped before arraignment?
Yes. The prosecutor controls the filing decision and can decline to file, file reduced charges, or, after filing, dismiss. A defense attorney who contacts the filing deputy before the decision is made can sometimes influence the outcome, though no attorney can promise a particular result.
What is the difference between a preliminary hearing and a trial?
A preliminary hearing is a probable cause hearing before a judge alone, with a low standard of proof and relaxed hearsay rules. A trial is before a jury, requires proof beyond a reasonable doubt, and applies the full rules of evidence. Only felony cases have preliminary hearings.
Should I accept the first plea offer?
Usually the first offer is not the last. Offers tend to improve as the defense reviews discovery, litigates motions, and demonstrates readiness for trial. There are exceptions, particularly early offers tied to waiving the preliminary hearing, so the decision should be made with counsel after weighing the evidence.
Gramling Law Group handles criminal defense from arraignment through trial throughout Riverside County, San Bernardino County, and the Inland Empire, with flat-fee and limited-scope options. Daniel Gramling is a former public defender who has handled cases at every stage described above. Call (909) 654-4575 or contact us through this website to schedule a consultation.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
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