Most people who get arrested have never been through the criminal justice system before. The process is unfamiliar, the stakes are high, and no one explains what actually happens next.
This guide walks through each stage, from the moment of arrest through post-conviction, in plain language. At each step, an experienced criminal defense attorney explains what the defense is doing and why it matters.
Step 1: The Arrest
Everything starts here. Law enforcement either arrests you on the spot or issues a citation requiring a court appearance at a later date.
Two things matter most at this stage. First, exercise your right to remain silent. You are not required to answer questions beyond providing basic identification. Even innocent-sounding explanations can be misinterpreted or used against you later. Tell the officer you want to speak with an attorney, then stop talking.
Second, contact a criminal defense attorney as soon as possible. The earlier we are involved, the more options exist. In some cases, we can intervene before charges are formally filed and influence how the prosecution approaches the case from the start.
Step 2: Booking and Bail
After arrest, you are booked, fingerprinted, photographed, and entered into the system. You are held in custody until bail is addressed.
Bail is the amount of money posted to secure release from custody while the case proceeds. A judge sets bail based on the charge, your criminal history, and flight risk. At the arraignment, we can argue for lower bail or for release on your own recognizance, meaning no money is required.
For serious charges, certain violent felonies, and some federal offenses, the prosecution may argue for no bail at all. We contest that.
Step 3: Arraignment
The arraignment is your first formal court appearance. The judge reads the charges and asks for your plea. Your options are guilty, not guilty, or no contest.
In almost every case, the right move at arraignment is to plead not guilty. This is not an admission; it is a procedural step that preserves every option. It gives us time to review the evidence, investigate the facts, and evaluate what the prosecution is actually working with.
In many misdemeanor cases, we can appear at the arraignment on your behalf. You may not need to take time off work for that first appearance.
Step 4: Pre-Trial Investigation and Motions
This is where most of the real defense work happens, before the case ever reaches trial.
We review all the evidence the prosecution has. We pull the police report, interview witnesses, and examine the arrest procedure for any errors. We are specifically looking for anything that should not be there: an unlawful traffic stop, a search conducted without a proper legal basis, or a rights violation during questioning.
When we find it, we file a motion to suppress. A motion to suppress asks the court to exclude specific evidence because it was obtained illegally. If the court grants the motion, that evidence cannot be used against you. In many cases, this dramatically weakens the prosecution's position, sometimes to the point where the case is dismissed entirely.
Step 5: Preliminary Hearing (Felony Cases)
In California felony cases, you have the right to a preliminary hearing. A judge evaluates whether the prosecution has enough evidence to justify taking the case to trial.
This is not a trial. The evidentiary standard is lower than beyond a reasonable doubt. But it is a critical opportunity. We cross-examine prosecution witnesses, challenge evidence, and identify weaknesses before the trial begins. If the judge finds insufficient evidence, charges can be dismissed or reduced at this stage.
Step 6: Diversion (If You Qualify)
Before a plea or trial, we evaluate whether you qualify for diversion. Diversion is a program that substitutes treatment or education for traditional criminal prosecution. Successful completion results in the charges being dismissed, with no conviction on your record.
Drug diversion is available for many first-time and low-level drug offenders. Veteran diversion under Penal Code 1001.80 is available to current and former military members whose charges relate to a service-connected condition like PTSD or a traumatic brain injury. Mental health diversion is available to defendants with qualifying mental health diagnoses as defined by the Diagnostic and Statistical Manual of Mental Disorders.
We review diversion eligibility in every case where there is any possibility it applies.
Step 7: Plea Negotiations
Most criminal cases in California are resolved through plea negotiations rather than trial. Whether that is the right path depends entirely on the specific facts.
We evaluate the strength of the evidence, the credibility of witnesses, the realistic sentencing range if convicted at trial, and whether the charge is a wobbler, an offense that can be reduced from a felony to a misdemeanor. We present you with the full picture, and you make the decision. We do not pressure clients to accept deals when fighting makes more sense.
One of our clients came to us after a prior attorney had pressured him to accept six years in prison and a strike. We reviewed the case, found evidence the prior attorney had missed, and brought it to the prosecution. The offer dropped to time served and no strike. Results like that are not guaranteed, but they require someone who has the time to find them.
Step 8: Trial
If the case does not resolve through a plea or diversion, it goes to trial. In California, you have the right to a jury trial for most criminal offenses.
At trial, the prosecution must prove guilt beyond a reasonable doubt, the highest legal standard in the system. We do not have to prove innocence. We challenge the prosecution's evidence, cross-examine their witnesses, and present a clear narrative to the jury about why the case has not been proven.
Tammy Higgins has tried over 100 criminal cases to verdict, including more than a dozen homicide cases. She is death-penalty qualified, a credential issued by the court to attorneys who have demonstrated the experience required to handle the most serious cases in California criminal defense.
Step 9: Sentencing
If you are convicted at trial or enter a guilty or no contest plea, the case moves to sentencing. The judge sets the sentence within the range the law allows.
We argue for the most favorable outcome, presenting mitigating factors like lack of prior criminal history, evidence of rehabilitation, employment, and family circumstances. For wobbler offenses, we argue for a misdemeanor classification rather than a felony, which changes the long-term consequences significantly.
Step 10: Post-Conviction Relief
A conviction is not always the end. California law provides several paths to reduce or remove its long-term impact.
Expungement allows a prior conviction to be dismissed from your record after probation is completed. Most private employers cannot hold an expunged conviction against you. For wobbler offenses, we can petition the court to reclassify a felony as a misdemeanor after probation. Early termination of probation is available to defendants who have served at least half their probation period and complied with all conditions.
Re-sentencing is available for some individuals serving long sentences under older guidelines. The California Racial Justice Act allows defendants to challenge convictions or sentences where race, ethnicity, or national origin played a role in the process.
We handle all of these matters for clients across Orange County.
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