Los Angeles Criminal Process Frequently Asked Questions

Being arrested or even just contacted by detectives in Los Angeles can feel overwhelming. California’s criminal procedure is governed by the state Penal Code, local court rules, and constitutional guarantees. Below you will find a comprehensive, plain-English guide drawn from years of courtroom experience as a Los Angeles criminal defense lawyer and former prosecutor. It is designed to answer the frequently asked questions about the Los Angeles criminal process that we hear most often and to provide you with a roadmap of what happens from the moment of arrest through sentencing and beyond.

Understanding the Los Angeles criminal process is necessary to avoid incarceration. A skilled criminal defense attorney will carefully analyze each element of your case to protect you from overly harsh outcomes.

• Custodial arrest typically occurs under Penal Code § 836 for felonies or § 837 for a citizen’s arrest of misdemeanors.
• Officers must advise you of your Miranda rights (Miranda v. Arizona, 1966) before any custodial interrogation; spontaneous statements can still be used.
• You are booked at a local LAPD station, sheriff’s station, or—for high-profile cases—the Inmate Reception Center downtown. Booking creates your CRN (Case Record Number) and triggers fingerprint checks through Live Scan.
• Within 48 hours of arrest, excluding Sundays and court holidays, you must be brought before a judge for arraignment under Penal Code §825.
• The property seized is logged, and you will receive a property receipt. Please promptly provide this receipt to counsel so we can identify and address potential evidentiary issues.

• Penal Code §1170: Establishes the determinate sentencing triad (low, middle, upper terms) for most felonies.
• Penal Code §1192.7: Lists “serious” felonies that can trigger strike consequences under §667 and §1170.12.
• Penal Code §1000: Allows pre-trial diversion for specific drug and mental-health-related offenses.
• Penal Code §12022.53: Adds 10-, 20-, or 25-year-to-life enhancements for firearm use in specified felonies.
• Penal Code §1275.1: Authorizes a “bail-source hold” if the court or prosecutor believes bail money is feloniously obtained.
• Penal Code §977: It allows an attorney to appear on a misdemeanor client’s behalf, so you often avoid appearing at every hearing.
• Penal Code §1382: Implements your constitutional speedy-trial rights (45 days for misdemeanors, 60 days for felonies unless you waive time).

These code sections, and many others, guide every critical decision point. A knowledgeable defense lawyer will cite them strategically in motions, negotiations, or trial arguments.

At arraignment, the judge:

• Reads the charging document (Information or Complaint) as required by Penal Code §988.
• Advises you of constitutional rights and takes your plea—“Not Guilty” is entered in almost every case so that discovery can begin.
• Addresses bail after considering public-safety factors under Cal. Const., art. I, §28 and Penal Code §§1269b–1270.1.
• Sets future dates: pre-trial for misdemeanors, or preliminary hearing setting for felonies.

A seasoned attorney will often be prepared with a bail-reduction packet, which typically includes letters of support, proof of residence or employment, and evidence of community ties. Proper preparation can mean the difference between fighting your case from home or from behind bars.

The Los Angeles Superior Court relies on a county-wide Felony and Misdemeanor Bail Schedule issued under Penal Code §1269b. Judges may deviate after balancing:

• Public safety, victim impact statements, and any Penal Code §1170.15 violent-crime designation.
• Flight risk, prior failures to appear, immigration holds, or pending cases.
• Ability to pay and the proportionality requirement of the Eighth Amendment.

Alternatives to straight bail include:

• Supervised Own-Recognizance (O.R.) release with electronic monitoring (Penal Code §1320.7).
• Bond exoneration upon case dismissal or successful completion of diversion.
• Bail-source hearings under §1275.1, where the defense must prove that the funds are legitimate.

California’s reciprocal discovery scheme is governed by Penal Code §§1054–1054.7. The prosecution must disclose:

• Police reports, body-worn camera footage, and 911 recordings.
• Exculpatory evidence under Brady v. Marylandplus California’s 2019 SB-1421 and 2021 SB-16 police-transparency laws.
• Expert witness credentials and test results.

Key defense motions include:

• Pitchess motion (Evidence Code §§1043–1047) to uncover officer misconduct records.
• 1538.5 Motion to suppress illegally seized evidence.
• 995 motion to dismiss counts after preliminary hearing for lack of probable cause.
• 1385 motion asking the court to dismiss in furtherance of justice.

Held under Penal Code §§859–866, the “prelim” is a mini-trial without a jury. The prosecutor may rely on hearsay evidence provided by officers under Proposition 115. The defense can:

• Cross-examine every witness to preserve testimony for impeachment at trial.
• Present defense evidence or witnesses when strategically beneficial.
• Argue to dismiss or reduce charges (e.g., wobblers) immediately after the hearing.

A successful defense can result in charges being dismissed or downgraded to misdemeanors, significantly reducing potential exposure.

Article I of the California Constitution guarantees the right to trial by jury in criminal cases. Twelve jurors must reach a unanimous verdict. Critical instructions from the Judicial Council’s CALCRIM series include:

• CALCRIM 200: Explains duties of the judge and jury and the presumption of innocence.
• CALCRIM 220: Defines reasonable doubt; the heart of every defense closing argument.
• CALCRIM 224: Directs how to evaluate circumstantial evidence.
• CALCRIM 335/336: Cautions on accomplice testimony requiring corroboration.
• CALCRIM 340 series: Covers defenses such as self-defense, duress, necessity, and alibi.

During voir dire, experienced counsel will identify jurors who misunderstand “beyond a reasonable doubt” or hold biases against the defendant’s constitutional right to remain silent under CALCRIM 355.

When a guilty plea or verdict occurs, sentencing involves multiple moving parts:

• Determinate sentencing (for most felonies) utilizes the triad outlined in Penal Code §1170(b): low, middle, and upper terms. Recent amendments under SB-567 (2022) require the court to choose the lower term unless aggravating factors are proven beyond a reasonable doubt or stipulated.
• Indeterminate sentencing (e.g., murder under Penal Code §190) provides a range such as 25 years to life, with parole eligibility set by statute.
• Sentence enhancements add time:
  • Personal firearm use (§12022.5)
  • Significant bodily injury (§12022.7)
  • Gang enhancements (§186.22)
• Strike priors under §§667(b)–(i) and 1170.12 double the term and require 80 % service before parole.
• Probation eligibility is governed by §§1203(b)–(e). Even in “probation-ineligible” cases, a judge may grant probation if unusual circumstances justify it.

A defense-prepared sentencing memorandum will highlight mitigating evidence, rehabilitation programs, restitution efforts, and psychological evaluations, often reducing actual custody time or persuading the court to consider alternatives, such as county jail (§1170(h)), split sentences, or residential treatment.

• Notice of appeal must be filed within 30 days of a misdemeanor judgment or 60 days for a felony.
• Writs of habeas corpus attack violations not apparent in the record, such as ineffective assistance under Strickland v. Washington.
• Expungement (Penal Code § 1203.4) allows for the dismissal of certain convictions upon completion of probation.
• Certificates of rehabilitation and Governor’s pardons restore additional rights and can relieve sex-offender registration duties under Penal Code §290.5.
• AB-1950 (2021) capped most probation terms at one year for misdemeanors and two years for felonies, accelerating eligibility for record relief.

Misdemeanors often resolve in three to five appearances; felonies can span months of pre-trials and motion hearings. Under Penal Code §977, your lawyer may appear on your behalf for most misdemeanor charges, sparing you lost workdays.

Los Angeles District Attorney Directive 20-07 expanded diversion options for low-level offenses; however, eligibility still depends on the charge, prior record, and input from the victim. Statutory programs include mental health (§1001.36), military/veterans (§1170.9), and first-time drug possession (§1000).

Yes. “Wobblers” (crimes that can be filed as misdemeanors or felonies), such as Penal Code §245(a)(1) assault with a deadly weapon, may be reduced at prelim, during plea negotiations, or even at sentencing under §17(b).

The state, not the individual, controls the case. However, a recanting witness can undermine proof beyond a reasonable doubt, often leading to dismissals or favorable pleas.

Absent a warrant, consent, or exigent circumstances, officers cannot compel you to unlock a smartphone (Riley v. California, 2014). Refusing consent cannot be used as evidence of guilt.

• Former prosecutors understand how charging decisions are made and can sometimes intervene pre-filing to prevent a case from ever being filed.
• An attorney knowledgeable in evidentiary motions can suppress illegally obtained statements or seize the initiative by filing an early motion to dismiss pleadings.
• Skilled negotiation backed by a reputation for fearless trial work frequently yields better plea offers, diversion eligibility, or sentencing concessions.
• Post-conviction advocacy, probation modifications, early termination, and immigration-safe pleas require counsel who stay current on legislative changes, such as SB-731 (2023), which automatically seals eligible convictions.

Your freedom, career, and reputation are too important to entrust to chance or inexperience. A tailored defense strategy starts with a confidential consultation. Call (323) 464-6453 or use our secure online contact form for a confidential, 24-hour consultation. Your defense begins the moment you choose experienced counsel committed to protecting your freedom and future.