Understanding California Criminal Court Proceedings

The Superior Court handles both misdemeanor and felony criminal cases. Understanding how these cases move through the legal system and knowing what to expect can help you prepare.

Overview of Case Types

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• Misdemeanors: Generally punishable by fines or county jail time (usually one year or less, with maximum standard fines around $1,000, though certain offenses carry higher penalties).

Felonies: More serious offenses that may result in state prison sentences, felony probation, or heavy fines.​

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What to Bring to Court

If you are required to appear in court, make sure to bring the following items:

• Identification: A valid driver’s license, social security card, or government-issued photo ID.

• Case Documentation: A copy of your citation, appearance letter, jail release papers, and any relevant receipts (such as bond or cash bail receipts).

• Compliance Records: Any documents proving you have complied with previous judicial orders or sentencing requirements.

Payment: Cash, a personal check, or a postal money order to cover any applicable fines and fees.​

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Important Reminders:

• Use Your Legal Name: Always use the exact spelling of your name as it appears on official case documents. Do not use nicknames or aliases. If there is a misspelling on your documents, notify the court immediately.

WARNING: Failing to appear in court as promised may result in a bench warrant for your arrest, leading to potential jail time and/or additional fines.

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What Occurs in a Misdemeanor Case?

1. The Arrest & Initial Actions

Following an arrest or the issuance of a signed citation, one of three things typically happens:

• You are released and no charges are filed.

• You post bail or are released on your own recognizance (OR) with a scheduled arraignment date.

You remain in law enforcement custody until you are brought to court for arraignment.

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2. Arraignment and Plea

During the arraignment, you will be brought before the court to:

• Learn the specific charges filed against you.

• Be informed of your constitutional rights.

• Have an attorney present or request a court-appointed public defender if you cannot afford private counsel.

• Enter your plea:

  • Not Guilty: You deny the charges, and your case is scheduled for future pre-trial hearings.

  • Guilty: You admit to the offense.

No Contest (Nolo Contendere): You choose not to contest the charge. This carries the same immediate sentencing effect as a guilty plea, but generally cannot be used as an admission of guilt in future civil lawsuits.

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3. Pre-Trial Proceedings

(After a "Not Guilty" Plea)

• Discovery: The prosecution and defense exchange evidence, including police reports, blood test results, and photographs.

• Motions: Attorneys may file motions to dismiss the case, set aside the complaint, or suppress evidence.

Settlement Discussions: Hearings are held to attempt to resolve the case without going to trial. If no agreement is reached, the case proceeds to trial.

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What Occurs in a Felony Case?

1. Arrest & Arraignment on Complaint

• Arrest: You are booked, held, or given a court date, or released if no charges are filed.

Arraignment: You appear in court (or are brought from custody), are advised of your rights, have counsel appointed if needed, and bail or OR release is determined.

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2. Preliminary Hearing

• The prosecution presents evidence and witnesses.

• If the judge finds insufficient evidence, the case is dismissed and you are released.

If the judge finds sufficient evidence, you are "held to answer" and bound over for trial.

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3. Arraignment on Information & Pre-Trial

• You are formally arraigned a second time on the information, enter a plea, and have trial/pre-trial dates scheduled.

Discovery is exchanged, motions are filed, and settlement negotiations take place before heading to trial.

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What Occurs at Trial?

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Misdemeanor Trials

• Jury Trial: A 12-person jury is selected, evidence and testimony are presented, and the jury decides guilt. If found not guilty, you are released and protected against double jeopardy. If guilty, the judge imposes sentencing (jail, probation, or fines). You have the right to appeal to the Appellate Department of the Superior Court.

Court Trial: The process is identical to a jury trial, but a judge—not a jury—renders the verdict.

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Felony Trials

• Jury Trial: A jury hears the evidence and decides the verdict. If guilty, the Probation Department prepares a pre-sentence report before the judge issues a state prison or felony probation sentence. Appeals go to the District Court of Appeal.

• Court Trial: A judge decides the verdict rather than a jury, following the same evidentiary guidelines and sentencing structures.