The criminal arrest process, also referred to as the criminal court process, describes how a case progresses from arrest to sentencing and, in some instances, to appeal. The criminal arrest process can differ depending on whether you face charges for an infraction, misdemeanor, or felony offense. Infractions, which mainly consist of minor traffic offenses like speeding, are punishable by fines. You can fight infraction charges through a bench trial presided over by a judge. An infraction is not a criminal offense but rather a civil offense. Misdemeanors and felonies are more serious offenses, punishable by fines or even jail time. An experienced attorney can help you understand the criminal arrest process for your offense and help you know what to expect.
Understanding the Criminal Arrest Process
The criminal arrest process mainly consists of several steps, although the process can vary based on the type of charges you face. The process includes:
- Investigation
- Arrest
- Arraignment
- Pretrial process — The pretrial process can include several steps, including discovery, plea bargains, and motions
- Preliminary hearing — This hearing only applies to felony offenses
- Trial
- Sentencing hearing — This occurs if the defendant takes a guilty plea or is found guilty during trial.
After a conviction, the defendant may appeal or file a motion for a new trial.
The Criminal Arrest Process For Infractions
Under California law, Infractions are not criminal offenses even if they are violations of the law. Since they are minor violations, Infractions have a straightforward criminal arrest process that usually includes a trial. The most common infractions are traffic violations, including speeding under California VC 23350, running a red light under VC 21453, and making an illegal U-turn under VC 22100.5.
Infractions do not carry severe consequences, such as probation or imprisonment. Defendants facing infraction charges do not have a right to a jury trial. Instead, they attend bench trials before a judge. If you are facing infraction charges, you can hire an attorney to help you fight the charges. However, the state has no obligation to hire a public defender on your behalf, even if you cannot afford to hire an attorney.
With the help of an attorney, you can strive to fight infraction charges. If the judge finds you guilty, the violation is punishable by a fine of up to $250. Since traffic offenses are also reported to the Department of Motor Vehicles (DMV), you will have additional points on your driving record.
The Criminal Arrest Process for Misdemeanors
Compared to infractions, misdemeanors have a more structured arrest and court process. Under California law, a misdemeanor is an offense for which the maximum jail term is 1 year in a county jail. A misdemeanor attracts higher charges than an infraction but is less severe than a felony. Some of the examples of misdemeanors include being drunk in public under Penal Code 647f, drug possession under the California Health and Safety Code 11350 HS, and DUI under Vehicle Code 23152a. The criminal arrest process for a misdemeanor includes the following:
Investigation
A criminal case begins with an investigation. Sometimes, the police can witness you committing a crime and arrest you. However, in most cases, the police only suspect you of criminal behavior after conducting an investigation. During the investigation, the police can execute search warrants and interview witnesses. The police can contact the defendant for questioning. If the police contact you on suspicion that you have committed an offense, you should invoke your Fifth Amendment rights to avoid self-incrimination. You should then secure a criminal defense attorney who can liaise with the law enforcement officers on your behalf. Sometimes, your attorney can negotiate with the prosecution to drop the charges against you, especially if the evidence against you is weak.
The Arrest
The police will book you after arresting you for a misdemeanor. The booking process takes place at the police station and involves the following steps:
- Taking your fingerprints
- Recording your personal details, including name and address
- Gathering facts of the alleged offense
- Examining your criminal history
The law enforcement can then release you or place you in custody. The release options include:
- Release on your own recognizance, whereby you commit yourself to appear in court for the hearings
- Posting bail, through a cash bail or a surety bond through a bail bondsman
Bail is the money given to the court, which holds it until the case is completed to ensure that the defendant attends all court hearings. In most cases, bail is set using the county bail schedules. However, the judge can use discretion to increase or reduce the amounts indicated in the bail schedules.
Most people assume that immediately after an arrest, the police must read them the Miranda rights. This is not the case. The law only requires the police to read the Miranda rights when questioning or interrogating the defendant. When being interrogated, you should remain silent and allow your attorney to speak on your behalf.
After an arrest, the district attorney, abbreviated as DA, decides whether or not to press charges against you. If the DA chooses not to press charges, your charges are dropped, and you are released from custody. If the DA files charges against you, the court schedules the arraignment.
Arraignment
The first formal court appearance after an arrest is known as the arraignment. This is a hearing held before a judge. At the arraignment, you will have an opportunity to learn about the charges that the District Attorney has filed against you. You will also have an opportunity to enter a plea. There are three most common types of pleas, namely:
- Guilty
- Not guilty
- No contest, also known as nolo contendere
You will proceed directly to the sentencing hearing if you enter a no contest or a guilty plea. If you enter a not-guilty plea, the judge addresses bail arrangements if you are held in custody. At the arraignment hearing, the defendant has a right to an attorney. If you cannot afford to hire an attorney, the court will appoint one for you.
Pre-trial Process
The pre-trial process is the period between the post-arraignment and the commencement of the trial. The majority of criminal cases are resolved within this period. For example, the prosecutor can dismiss the case, especially if there is insufficient evidence against you. The defendant can also enter a plea bargain, plead guilty to a lesser offense, and proceed to the sentencing hearing. The pre-trial process can vary in duration, sometimes extending even up to 45 days. For more intricate cases, the pre-trial process can be longer.
All the proceedings that take place before the trial fall under the pre-trial process. They can include:
- Court appearances
- Please bargain and negotiate
- Discovery issues and the exchange of relevant evidence
- Motion practice, which is a request by the prosecution or the defense counsel for the judge to take a certain action
Many questions often arise regarding discovery and motion in the pre-trial process. Discovery refers to the exchange of information between the prosecution and the defense. The purpose of the discovery is for both sides to learn what each side will present during the trial, including what the witnesses will bring forth. Discovery can reveal a lot of information, including:
- Relevant police reports
- Physical evidence for the case
- Expert statements and reports
- Witness statements
Motion filing involves the prosecution or the defense requesting that the court make a specific ruling in a case. For example, your defense attorney can file a motion to suppress evidence, requesting the court to exclude illegally acquired evidence from your case. Your attorney can file this motion if the police obtained evidence against you through an illegal search and seizure.
A Pitchess motion is also common and involves requesting information from a police officer's personnel file. It can expose complaints against the officer for bias, excessive force, and other forms of police misconduct. If the judge approves this motion, all complaints against the arresting officer can serve as evidence that the officer’s credibility is tainted. If the prosecutor learns about the tainted image of an officer, he/she could end up reducing or even dismissing the charges against you.
Trial
If your misdemeanor case does not resolve within the pre-trial process, it proceeds to trial. Defendants have a constitutional right to a speedy trial, but can choose to delay the trial if need be. There are two types of trials under California law:
- Bench trials
- Jury trials
Also known as bench trials, court trials occur when the judge serves as both the judge and the jury. On the other hand, a jury trial involves 12 members of the community who hear the evidence against the defendant and decide whether the defendant is guilty. Every person facing misdemeanor charges has a right to a jury trial. A jury trial in California proceeds as follows:
- Selecting the jury members
- Presentation of opening statements
- Attorneys from both sides present evidence
- Presentation of closing arguments/statements
- Jury deliberations
- Issuing a verdict
- Sentencing if the defendant is found guilty
For a guilty verdict to be issued during trial, the prosecutor must prove beyond a reasonable doubt that there is enough evidence to prove the defendant's guilt.
The Criminal Arrest Process for Felonies
The criminal arrest process for felonies is the same as that of misdemeanors, although there could be some differences. Under California law, a felony is any offense for which the jail term or sentence exceeds 1 year. Sometimes, the judge or jury can impose a fine instead of imprisonment. Compared with infractions and misdemeanors, felonies are more serious. Some of the most serious felony offenses are punishable by life imprisonment without the possibility of parole. Some of the common examples of felonies include:
- Murder under PC 187
- Vehicular manslaughter under PC 192 (c)
- Rape under PC 261
- Sale of a controlled substance under Health and Safety Code 11352
The criminal arrest process for felonies includes:
Investigation and Arrest
The investigation and arrest process for felonies is the same as that for misdemeanors. However, felony crimes are more serious than misdemeanors. Therefore, you are likely to remain in jail after an arrest. Some of the most serious felony offenses do not qualify for a release on bail.
Arraignment Hearings
Felony cases often have two arraignment hearings. The first hearing takes place at the beginning of criminal proceedings, while the other occurs after the preliminary hearing. After an arrest for a felony, the prosecutor and law enforcement officers must arraign you within 48 hours, excluding weekends and holidays. A lawful arrest can turn into an unlawful detention if there is an unreasonable delay between the arrest and the arraignment hearing. This delay can also be interpreted as a form of police misconduct and may entitle the defendant to monetary or other civil damages.
The 48-hour rule applies to all types of offenses, including felonies and misdemeanors. Like for misdemeanor cases, a felony arraignment is the first formal court hearing following an arrest. The initial arraignment follows the same process and rules as a misdemeanor arraignment.
Preliminary Hearings
A preliminary hearing is also among the first hearings in a felony case. This hearing is also known as a probable cause hearing or prelim hearing. This hearing takes place before the judge, and the prosecutor submits evidence related to the charges that you face. During this hearing, the judge often poses two questions:
- Whether there is probable cause to show that a crime was committed
- Whether there is probable cause to show that the defendant committed the crime
If the answers to the questions above are yes, the case proceeds to trial. The judge can dismiss the charges against you if there is no probable cause that an offense was committed and that you committed the offense.
The Second Arraignment Hearing
If there is probable cause after the preliminary hearing, the court holds a second arraignment, usually 15 days later. The second arraignment follows the same rules and procedures as the first arraignment. The defendant enters a plea for the charges against them.
Pre-trial Process/Trial
The pre-trial and trial processes for a felony offense follow the same procedures as those for a misdemeanor. However, felony trials can last much longer than misdemeanor trials because felonies are more serious.
Post-Conviction
If you plead guilty to a felony offense or the court finds you guilty after trial, you can do any of the following:
- File a motion to seek a new trial
- Attend the sentencing hearing
- File an appeal
If certain factors tainted your guilty verdict, you can apply for a new trial under California law. Some of the factors that can taint a guilty verdict include:
- Prosecutorial misconduct
- Jury misconduct
- Insufficient evidence
- Court error
If you intend to file a motion for a new trial, you must do so before the judge delivers the verdict. The judgment is delivered at the sentencing hearing. If your motion prevails, you will undergo a new trial. It will be as if the first trial never occurred.
You are entitled to a sentencing hearing after a guilty plea or a conviction. This hearing gives the prosecution and the defendant an opportunity to present to the judge what is deemed an ideal sentence. The prosecutor can present aggravating factors at this point to prove why you should get a harsh sentence. On the other hand, with the help of your attorney, you can present mitigating factors to prove why you should get a lenient sentence. The potential penalties for felony offenses include fines and prison sentences.
An Appeal
Following a conviction, you can file an appeal at a higher court. An appeal is not the same as a new trial. During an appeal, an appellate judge reviews the trial court's decision and identifies any mistakes or omissions. There are several grounds for appeal, including:
- Jury misconduct
- Insufficient evidence
- Judicial misconduct
- Prosecutorial misconduct
- Ineffective assistance of counsel
You can file an appeal on the grounds of ineffective assistance of counsel if you feel that the defense counsel’s incompetence impacted your case. If you prove this claim, it can be a ground to:
- Vacate the sentence
- Overturn the conviction
A defendant has a right to effective counsel and a fair trial according to the 6th Amendment to the U.S. Constitution. You can file an appeal based on the ineffective assistance of counsel, irrespective of whether you had a court-appointed attorney or you had retained one yourself.
The appellate court can sustain the trial court’s decision if no mistakes or omissions are identified. However, the appellate court can overturn the trial court's ruling and demand new court proceedings.
Find a Dependable Criminal Attorney Near Me
The California criminal arrest process can vary depending on whether you face charges for an infraction, a misdemeanor, or a felony. The process moves from the initial police contact during an arrest to booking, arraignment, pretrial proceedings, trial, and sentencing. The main types of offenses include infractions, misdemeanors, and felonies. In most cases, infractions and misdemeanors are resolved before trial. On the other hand, felonies are more serious and are more likely to result in a sentence. If you face criminal charges, no matter how minor, it is crucial to contact an attorney. Do not wait too long before hiring an attorney because this could compromise your defense.
If you cannot afford an attorney, especially for felony offenses, the court can appoint one for you. For professional legal guidance and representation, contact The Los Angeles Criminal Defense Attorney. Call us today at 310-564-2605 to speak to one of our attorneys.
