From the first contact
to the courthouse steps.
Arrest, charging review, arraignment, motions, and — rarely — trial. Knowing which stage you are in tells you which moves are still available.
The criminal process,
from arrest to trial.
Arrest
You may be taken into custody or released with a citation and a court date. Either way, say nothing beyond identifying yourself and ask for a lawyer — everything from this moment forward is evidence.
WEEKS
The District Attorney reviews
Law enforcement forwards its report; the DA decides whether to file and what to file. An arrest is not a charge. This window is the quietest, best opening in the whole case — defense counsel can present context that leads to reduced charges or none.
IF IN CUSTODY
Arraignment
Charges are read, you enter a plea, and the court addresses release — own recognizance, supervised release, or bail. A prepared attorney here is often the difference between going home and waiting in custody.
DAYS · FELONIES
Preliminary hearing
The prosecution must show a judge enough evidence to proceed to trial. A lower bar than trial — but the defense's first chance to cross-examine witnesses under oath and expose what the reports leave out.
MONTHS
Pretrial hearings
Discovery is exchanged, evidence is examined, and negotiations happen. Preparation pays off quietly here: the best offers go to defendants whose attorneys have already found the problems in the case.
TRIAL
Motions
Suppressing evidence from an unlawful search or stop, dismissing defective charges, compelling discovery the prosecution hasn't turned over. Cases are often won on paper before a jury is ever selected.
Collaborative courts & diversion
For eligible cases — substance use, mental health, veterans — treatment-focused programs can resolve the case without a conviction. Complete the program and charges may be dismissed. Easy to miss without counsel who knows to ask.
ARRAIGNMENT
Trial
If no resolution serves you, the prosecution must prove every element beyond a reasonable doubt to a jury. Few cases get here — but every earlier stage goes better when the other side knows you are ready for this one.
"They just want my side
of the story."
That call from a detective feels like a chance to clear things up. Three things to know before you say a word.
The interview is evidence-gathering, not fact-finding.
By the time you're invited to talk, investigators usually have a theory — and the conversation is designed to lock you into statements that fit it. Anything inconsistent, misremembered, or nervous becomes impeachment material later.
Declining to talk cannot be used against you. Talking can.
Politely saying "I'd be happy to have my attorney contact you" is not an admission of anything. A recorded statement made without counsel, on the other hand, is permanent — and you don't get to take it back.
Your side of the story still gets told — through counsel.
An attorney can present your version, your evidence, and your witnesses to investigators and prosecutors in a controlled way — without exposing you to a recorded interrogation. Sometimes that's what stops charges from being filed at all.
Before charges are filed
The case starts before you are charged.
If police want to "ask a few questions," or you learn you are under investigation, the case has already begun. An attorney can speak to investigators for you, present exculpatory evidence to the prosecutor, and sometimes stop charges from ever being filed. This is the cheapest, quietest stage to win.
An arrest is not a charge.
Law enforcement forwards a report; the District Attorney decides what, if anything, gets filed. That review window is a real opening, and it closes quietly.
Federal or state?
Two systems, two sets of rules.
State cases cover most crimes and are prosecuted by the District Attorney under California law. Federal cases — drug trafficking, fraud, firearms, offenses crossing state lines — are prosecuted by the U.S. Attorney, under sentencing guidelines that are often harsher, with no parole.
Federal investigations are long and quiet.
By the time an indictment appears, the government has usually been working for months. If you learn you are a target, get counsel with federal experience immediately. BlackOwl Law is admitted to practice before the U.S. District Court for the Eastern District of California.
Bail and pretrial release
Ability to pay now matters.
Under In re Humphrey, a court cannot detain someone solely because they cannot afford the scheduled bail. It must consider ability to pay and less restrictive alternatives — supervised release, conditions, monitoring.
Release is argued, not granted.
Nothing is automatic. The strongest release arguments come from counsel who walks in with your ties to work, family, and community already documented.
The rules that structure each stage of a California criminal case.
Authorities current as of 2025. Law changes; nothing here is a substitute for advice on your own facts.
Get answers about your situation.
This page is general information — a consultation is where it becomes advice. We'll review the specific facts of your case and build a step-by-step strategy toward your goal. You'll leave understanding your case and your options — whether or not you hire the firm.
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