What Happens After an Arrest in California? Arrest to Arraignment
Lawggle
What Happens After You're Arrested in California? From Arrest to Arraignment
Getting arrested is frightening enough. Not knowing what happens next can make it worse. Here's how the California criminal court process begins, with insight from criminal defense attorney Hripsime Bagdasaryan.
Most people don't spend much time thinking about how the criminal justice system works until they find themselves in it.
Then suddenly, everything matters.
The paperwork. The charges. Whether they can go home. The court date. What they're supposed to say when they get there.
And somewhere between the arrest and the first court appearance, one question tends to take over:
What happens to me now?
The answer depends on the circumstances, but understanding the basic steps can make the process less confusing.
First, an Arrest Is Not a Conviction
Being arrested in California does not automatically mean you will be convicted of a crime.
An arrest means law enforcement has taken someone into custody based on the applicable legal grounds. What happens afterward depends on the alleged offense, the available evidence, and the decisions made by prosecutors and the court.
In some cases, a person may be released without charges being filed. In others, prosecutors may file charges that lead to formal court proceedings.
The important distinction is that an arrest is the beginning of a process, not the conclusion.
What Happens After Someone Is Taken Into Custody?
Following an arrest, a person may be taken to a police station or detention facility for booking.
Booking generally involves recording identifying information, documenting the alleged offense, and completing administrative procedures such as fingerprints and photographs.
Depending on the circumstances, the person may be released with a notice to appear, released under applicable conditions, or remain in custody pending further proceedings.
California has rules governing how quickly someone held in custody must be brought before a judicial officer. The applicable deadlines and exceptions depend on the circumstances.
If you've been given a court date, it's important to understand what that appearance is for and whether your attendance is required.
What Is an Arraignment in California?
For many defendants, the arraignment is the first formal court appearance after criminal charges have been filed.
It is also one of the most misunderstood parts of the criminal process.
People sometimes assume their first court date is when they'll have to explain everything that happened, defend themselves against the allegations, or convince a judge they're innocent.
But that isn't generally the purpose of an arraignment.
At an arraignment, the court typically addresses the charges, advises the defendant of certain rights, and asks for a plea.
The court may also address legal representation, release conditions, and scheduling.
A person may enter a plea of guilty, not guilty, or, where legally available, no contest. The appropriate decision depends on the individual case and should not be made without understanding the potential consequences.
Hear It From a California Criminal Defense Attorney
Hripsime Bagdasaryan is the managing partner of Melkonyan Law Firm and a former Los Angeles County Deputy District Attorney.
Having worked as both a prosecutor and a criminal defense attorney, she brings experience from different sides of the courtroom.
In her Lawggle video, she answers a question about what happens during an arraignment in California.
Do You Have to Speak at Your First Court Appearance?
This is one of the questions that can cause considerable anxiety.
An arraignment is not ordinarily an opportunity to give a complete account of the incident or argue the entire case.
The court will need to address certain procedural matters, and the defendant or their attorney may need to respond to questions or enter a plea.
However, defendants have constitutional rights, including the right against compelled self-incrimination.
What someone should say, and whether their attorney can appear on their behalf, depends on the circumstances and the type of case.
This is one reason speaking with a criminal defense attorney before the first appearance can be important.
What Happens After the Arraignment?
An arraignment generally does not resolve the entire criminal case.
Depending on the charges and the plea entered, the case may proceed through additional hearings, evidence exchange, negotiations, motions, and potentially a trial.
Some cases are resolved through negotiated agreements. Others are dismissed or proceed to trial.
There is no single timeline that applies to every California criminal case.
The seriousness of the allegations, whether the defendant is in custody, the court's schedule, and other legal factors can all affect how the proceedings unfold.
And while the process may feel unfamiliar, every stage serves a different purpose.
You Don't Need to Understand the Entire Legal System to Ask the First Question
One of the most difficult things about facing criminal charges is not knowing what you don't know.
Someone searching for information about an arraignment may not know the difference between a misdemeanor and a felony, what a plea means, or whether they need a lawyer.
They simply know they have a court date and want to understand what happens when they walk through the doors.
That is a reasonable place to start.
On Lawggle, verified lawyers answer real legal questions so people can better understand legal issues before deciding whom to contact.
You can watch their explanations, learn about their experience, and explore their profiles.
Meet Hripsime Bagdasaryan
Hripsime Bagdasaryan is a California criminal defense attorney and managing partner of Melkonyan Law Firm in the Los Angeles area. She previously served for approximately five years as a Deputy District Attorney with the Los Angeles County District Attorney's Office.
On Lawggle, she answers questions about criminal law, DUI matters, court proceedings, and other legal issues affecting Californians.
Explore Hripsime Bagdasaryan's verified Lawggle profile and video answers
This article is for general informational purposes only and is not legal advice. Criminal procedures and individual rights depend on the facts and applicable law. Viewing content on Lawggle does not create an attorney-client relationship.