A California criminal case moves through predictable stages — arrest, filing, arraignment, pretrial, and (rarely) trial.
Most misdemeanor cases resolve well before trial, and the early moves shape everything.
Arrest and Filing
A case starts with an arrest or a citation. The prosecutor then reviews the police reports and decides whether to file charges — the same charge, a different one, or none. This pre-filing window is an underused opportunity: a lawyer can sometimes head off charges before they are filed.
Arraignment
The arraignment is the first court date. You are told the charges, advised of your rights, and enter a plea, and the court addresses bail or release and any protective orders. It sets the procedural shape of the whole case.
Pretrial, Motions, and Resolution
Between arraignment and trial, the defense gets discovery, files motions — including motions to suppress that can gut a case — and negotiates. Most cases resolve here, through a dismissal, a judicial diversion (PC 1001.95), civil compromise, a reduction to an infraction, or a negotiated plea. If it does not resolve, the case goes to a jury trial, where the prosecution must prove guilt beyond a reasonable doubt.
Frequently Asked Questions
What are the steps in a California criminal case?
Arrest or citation, the prosecutor's decision to file charges, the arraignment (first court date), pretrial proceedings with discovery and motions, and — rarely — a trial. Most misdemeanor cases resolve during the pretrial stage.
What happens at the first court date?
The first court date is the arraignment. You are told the charges, advised of your rights, and enter a plea, and the court addresses bail or release and any protective orders. It sets the procedural shape of the entire case.
Do most criminal cases go to trial?
No. Most misdemeanor cases resolve before trial — through a dismissal, diversion, civil compromise, a reduction to an infraction, or a negotiated plea. Trials happen when the case cannot be resolved, and there the prosecution must prove guilt beyond a reasonable doubt.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com