What are the stages of a typical felony case in California, from the initial arrest through the preliminary hearing?
A typical California felony case begins with an arrest, followed by a first court appearance called an arraignment, and then a preliminary hearing to determine if there is enough evidence for the case to proceed to trial.
Here are the typical stages of a felony case from arrest through the preliminary hearing:
Step 1: Arrest and Booking
After an arrest, you are taken to a police station or county jail for booking, which involves fingerprinting and photographing. The prosecutor then has 48 hours (excluding weekends and holidays) to review the police reports and decide whether to file a formal criminal complaint against you. If no complaint is filed within this time, you must be released.
Step 2: Attend the Arraignment
This is your first appearance in court. If you are in custody, the arraignment must occur within 48 hours of your arrest. At this hearing, you will be officially told what the charges are, you will be advised of your constitutional rights (like the right to an attorney), and you will enter a plea. A "not guilty" plea is standard at this stage. The judge will also determine the issues of bail or release on your own recognizance (O.R.).
Step 3: Participate in Pre-Hearing Conferences
Between the arraignment and the preliminary hearing, your defense attorney will obtain and review the initial evidence from the prosecutor (a process called "discovery"). Your attorney may meet with the prosecutor to negotiate a potential plea agreement to resolve the case. Multiple court dates may be set for these conferences.
Step 4: Prepare for the Preliminary Hearing
If no plea deal is reached, the case proceeds to a preliminary hearing, also called a "probable cause hearing." Under Penal Code 859b, you have the right to have this hearing within 10 court days of your arraignment if you are in custody. At this hearing, the prosecutor presents evidence and witnesses to a judge to show there is enough evidence (probable cause) to believe a felony was committed and you are the person who committed it. Your attorney can cross-examine the prosecution's witnesses.
Important considerations: The standard of proof at a preliminary hearing is much lower than at a trial. If the judge finds there is probable cause, you will be "held to answer," and the case will proceed toward trial. If not, the charges may be dismissed.
Note: This process can vary. In some cases, a prosecutor may seek a grand jury indictment, which replaces the need for a preliminary hearing. It is critical to appear at all scheduled court dates.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Criminal Law
Criminal charges, court procedures, and defendant rights
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