The Criminal Court Process in Los Angeles: What Happens After Arraignment

Written by the attorneys at Kosnett Law Firm. Reviewed by James V. Kosnett, criminal defense attorney, UCLA School of Law J.D. 1976, practicing California criminal law for roughly 50 years. Last reviewed: September 2026.

After arraignment, a criminal case in Los Angeles moves through pretrial hearings where your lawyer gets the evidence, files motions, and negotiates with the prosecutor. Felony cases also have a preliminary hearing. Most cases end before trial, through dismissal, diversion, or a plea agreement. A misdemeanor often takes a few months. A felony often takes longer.

This page picks up where our guide on what to do if you are arrested leaves off. It goes through each stage in order and explains the terms you will hear in the courtroom. If you have a case in a Los Angeles courthouse now, you can call Kosnett Law Firm at 310-445-5900.

What are the stages of a criminal case in Los Angeles?

Every case starts at arraignment and ends in a dismissal, an acquittal, or a sentence. What happens in between depends mostly on whether the charge is a misdemeanor or a felony. A felony case adds two steps: a preliminary hearing and a second arraignment.

A case can end at almost any stage, and most end without a trial.

Who prosecutes you matters too. The Los Angeles County District Attorney files all felonies in the county. Inside the City of Los Angeles, the City Attorney prosecutes most misdemeanors, and a handful of other cities (Long Beach, Pasadena, and Santa Monica among them) have their own prosecutors for misdemeanors. Each office has its own policies on plea offers and diversion, so the same misdemeanor can be handled differently depending on where it happened.

How long does a criminal case take in Los Angeles?

A misdemeanor case in Los Angeles often resolves in two to six months. A felony case often takes six months to a year or more. The biggest factors are whether you are in custody, whether you waive time, how much evidence there is, and how crowded the courthouse calendar is.

California law sets a deadline for each stage. You can give them up (see the next section), and many people do:

When a deadline passes without a waiver or good cause, the remedy is usually dismissal or release from custody. Dismissal does not always end things for good, because in some cases the prosecutor can refile.

What does it mean to “waive time”?

Waiving time means giving up your right to have the preliminary hearing or trial within the legal deadline. It sounds like a bad trade. Most people who are out of custody do it anyway, because their lawyer needs that time to get the evidence and build a defense before anyone talks seriously about a deal.

There are two common versions. A general time waiver lets the court set dates without a deadline hanging over them. A limited waiver gives up time only to a specific date. If the court sets trial past the deadline with your consent but without a general waiver, the trial has to start on that date or within 10 days after. That is what the judge means by “day 0 of 10.”

Refusing to waive time is sometimes the right move, especially if you are in custody or the prosecution is not ready. Holding the prosecutor to the clock can force a decision about the case. Whether to waive is a judgment call about your specific case. Talk it through with your lawyer before you agree to a waiver or refuse one.

What happens at a pretrial hearing in Los Angeles?

Pretrial hearings are short court dates where the lawyers exchange evidence, talk about a possible resolution, and schedule motions or trial. You may hear them called pretrial conferences or, in a felony case before the preliminary hearing, pre-preliminary hearing conferences.

If you go to one, it will not look like much. The judge may call dozens of cases in a morning, and yours may take five minutes. The real work happens between your lawyer and the prosecutor before the hearing. Expect several of these dates, and do not read anything into a continuance. They are normal.

At some point the judge may give an indicated sentence, which tells you what sentence the court would impose if you pleaded to the charges as filed. That is different from a plea deal with the prosecutor, and it can be useful when the prosecutor’s offer is out of line.

What is discovery, and when do you see the evidence?

Discovery is the prosecution turning its evidence over to your lawyer: police reports, body camera and dash camera video, 911 recordings, lab results, witness statements, and evidence that helps your side. Most of it arrives in the first weeks and months of the case. California requires disclosure at least 30 days before trial.

The prosecution’s duties are listed in Penal Code 1054.1, and separate constitutional rules require it to disclose evidence favorable to the defense even if nobody asks. The defense has some disclosure duties too, mostly about witnesses and evidence it plans to use at trial.

Go through the evidence with your lawyer. Body camera footage often shows something the report left out, and it is usually what decides whether a suppression motion is worth filing. Some material, like a witness’s address or phone number, can be seen by your lawyer but cannot be given to you. Do not share discovery with anyone or post about it.

What pretrial motions can change a case?

Motions are formal requests asking the judge to decide a legal question before trial. The motions that most often change a case ask the court to exclude illegally obtained evidence, dismiss charges the evidence does not support, or move the case into diversion instead of prosecution.

The ones that come up most:

• Motion to suppress evidence under Penal Code 1538.5. If the stop, search, or seizure was unlawful, the evidence it produced can be excluded.
• Motion to set aside the information under Penal Code 995. In a felony case, this asks the trial court to dismiss charges that the preliminary hearing evidence did not support.
• Pitchess motion. When an officer’s honesty or use of force is at issue, this asks the court to review the officer’s personnel file for prior complaints.
• Diversion motions. California has several diversion programs, including judicial diversion for many misdemeanors, mental health diversion, and drug diversion. Finishing the program generally leads to dismissal. See diversion programs in California.
• Motion to reduce a felony to a misdemeanor under Penal Code 17(b), for “wobbler” offenses that can be charged either way. Our felony defense page explains when that is possible.

A motion that is denied can still help. A suppression hearing puts the officer on the stand under oath months before trial, and that testimony stays on the record.

How do plea deals work in Los Angeles County?

A plea deal is an agreement to plead guilty or no contest, usually to a lesser charge or for an agreed sentence, in exchange for the prosecutor dropping or reducing other charges. Offers come from the District Attorney or the City Attorney, and they often change as the case develops. The judge must still approve the agreement.

Offers move. The first one is rarely the last. An offer can get better after a motion is filed or once problems turn up in the evidence, and it can get worse after a preliminary hearing, when the prosecution’s witnesses have already testified.

The charge is only part of what gets negotiated. Jail time, the length and terms of probation, restitution, and whether an enhancement or prior conviction is dismissed can all be part of the deal.

Look at what the plea does outside the courtroom, too. For non-citizens, some pleas carry deportation consequences, and the court has to warn you about that before it accepts a plea. The exact charge on the conviction can also decide what happens to a professional license, your right to own a gun, or your driver’s license.

Your lawyer advises and negotiates. Whether to take an offer or go to trial is your decision.

The different kinds of pleas are covered on our FAQs page. For how to weigh an offer against the risk of trial, see When Should You Take a Plea Deal.

What happens at a criminal trial in California?

At trial, a jury of 12 people hears the evidence and decides whether the prosecution has proven each charge beyond a reasonable doubt. The verdict must be unanimous. You have the right not to testify, and the jury is told it cannot hold that against you. Misdemeanor trials often last a few days, and felony trials can run a week or longer.

The order is the same in every trial:

1. Jury selection. The judge and lawyers question potential jurors and remove those who cannot be fair.
2. Opening statements. Each side previews its case.
3. The prosecution’s case. Its witnesses testify, and your lawyer cross-examines them.
4. The defense case. Optional. The burden of proof stays on the prosecution.
5. Closing arguments and jury instructions.
6. Deliberations and verdict.

A not guilty verdict ends the case, and you cannot be tried again for the same charge. If the jury cannot agree, the judge declares a mistrial and the prosecutor decides whether to try the case again. A guilty verdict moves the case to sentencing. You can also ask for a trial in front of a judge alone, but in California both sides have to agree to give up the jury.

What happens at sentencing?

At sentencing, the judge imposes the penalty after a conviction by plea or verdict. For many misdemeanors that happens the same day as the plea. In a felony case, the judge usually orders a probation report first, and sentencing takes place at a later hearing.

The judge considers the probation report, your record, and statements from any victim, who has a right to be heard. Use the weeks before sentencing. A finished class, letters of support, or proof you started treatment gives your lawyer something concrete to put in front of the judge.

A sentence can include probation, county jail, state prison for some felonies, fines and fees, restitution, community service, classes, and protective orders. For most offenses, probation is now limited to one year for a misdemeanor and two years for a felony. Violent felonies and offenses with their own probation terms, such as DUI and domestic violence, are exceptions.

After sentencing, the deadline to file an appeal is short, generally 60 days for a felony and 30 days for a misdemeanor. Later, you may be able to end probation early or have the conviction dismissed. See expungement and early probation termination and post-conviction relief.

Do you have to go to every court date?

It depends on the charge. In most misdemeanor cases your lawyer can appear for you, so you may not need to attend routine dates. In a felony case you generally must be present at arraignment, the preliminary hearing, the plea, the parts of trial where evidence is taken, and sentencing. Any judge can order you to appear at any date.

Some misdemeanors are exceptions. In domestic violence cases, for example, you must appear in person at arraignment, the plea, and sentencing. In felony cases, you can often sign a written waiver that lets your lawyer handle the dates where your presence is not required.

Before every court date, confirm with your lawyer whether you need to be there, and get the answer in writing. If you do need to go, bring your paperwork and check the department (courtroom) number on it. Security lines at the busier courthouses, like the Clara Shortridge Foltz Criminal Justice Center downtown and the Airport Courthouse near LAX, can be long in the morning. The Los Angeles Superior Court criminal division posts courthouse information.

What happens if you miss a court date in Los Angeles?

If you miss a required court date, the judge can issue a bench warrant for your arrest and forfeit any bail that was posted. If you were released on your own recognizance and missed court on purpose, you can also be charged with a separate crime for failing to appear. Call your lawyer the same day.

A missed date is often fixable if you deal with it quickly. Walking into court voluntarily with a lawyer tends to go better than being picked up on the warrant weeks later during a traffic stop. The longer a warrant sits, the harder it gets to argue the absence was an honest mistake. If you were released on your own recognizance and do not show up within 14 days of the missed date, the law presumes you meant to evade the court.

If a bail bond was posted, call the bond agent too. They have a limited time to get the forfeiture set aside.

What if you hold a professional license?

A professional license changes how every stage of the case should be handled. Many California licensing boards learn about arrests through fingerprint records, and they pay close attention to the exact charge you plead to and the facts in the police report. A result that looks good in criminal court can still lead to discipline.

James V. Kosnett has practiced professional licensing defense for more than 30 years alongside criminal defense. For nurses, teachers, contractors, real estate agents, and other license holders, that means the plea wording gets planned around the board’s reporting rules from the start, instead of after the criminal case is over.

Why Kosnett Law Firm

Kosnett Law Firm is a Los Angeles criminal defense firm at 11400 W. Olympic Blvd, Suite 200. James V. Kosnett (Yale B.A. 1973, UCLA School of Law J.D. 1976) has practiced California criminal law for roughly 50 years and also handles professional licensing defense. Louis V. Kosnett (California Bar 2014) was named to the Super Lawyers Rising Stars list in 2023 and 2024. We represent clients in courthouses across Los Angeles County, in misdemeanor and felony cases alike.

Talk to a Los Angeles criminal defense attorney

If you have a case moving through a Los Angeles courthouse, or a court date coming up, contact Kosnett Law Firm or call 310-445-5900 for a confidential consultation. Have your paperwork ready (the citation, bail receipt, or minute order showing your next court date) so we can see where the case stands.

Frequently asked questions about the criminal court process in Los Angeles

How many court dates will I have for a criminal case?

It varies with the charge and how the case resolves. A simple misdemeanor that settles early might take two or three court dates. A felony that goes through a preliminary hearing and motions can take ten or more over the course of a year. In many misdemeanor cases your lawyer can appear for you, so you may not attend them all.

What is the difference between a pretrial hearing and a preliminary hearing?

A pretrial hearing is a short scheduling and negotiation date that happens in both misdemeanor and felony cases. A preliminary hearing happens only in felony cases. It is a hearing without a jury where the prosecutor must show a judge there is probable cause for each charge, usually through testimony from a police officer.

Can a felony charge be dismissed at the preliminary hearing?

Yes. If the judge finds no probable cause for a charge, that charge is dismissed. The judge can also reduce a wobbler to a misdemeanor at that stage. A dismissal at the preliminary hearing does not always end the case, because the prosecutor can sometimes refile, but it often changes the negotiations.

What does it mean to waive time in a criminal case?

Waiving time means giving up your right to a preliminary hearing or trial within the deadlines California law sets. People who are out of custody often waive time so their lawyer has room to get the evidence and investigate. Whether it makes sense depends on your case, so talk it through with your lawyer before you agree or refuse.

When will I get to see the evidence against me?

Your lawyer usually receives the police report at or soon after arraignment, then video, lab results, and other material over the following weeks. California requires the prosecution to disclose its evidence at least 30 days before trial and to turn over evidence that helps the defense. Some witness contact information can go to your lawyer but not to you.

Does the judge have to accept a plea deal?

No. The judge must approve any plea agreement and can reject one. If the judge withdraws approval after you have entered the plea, you are generally allowed to take the plea back. Separately, a judge can sometimes give an indicated sentence, which tells you the sentence the court would impose if you plead to the charges as filed.

Do I have to go to court for a misdemeanor if I have a lawyer?

Often not. In most California misdemeanor cases a lawyer can appear for you. Domestic violence cases and some others require you to be there in person for arraignment, the plea, and sentencing, and any judge can order you to appear. Confirm with your lawyer before each date whether you need to attend.

What happens if I miss my court date in Los Angeles?

The judge can issue a bench warrant and forfeit your bail. If you were released on your own recognizance and missed court on purpose, you can also be charged with failure to appear. Call your lawyer right away. A lawyer can often get the case back on calendar and ask the judge to recall the warrant.

Can I change lawyers in the middle of a criminal case?

Yes. You can hire a new private lawyer at almost any point, and the new lawyer files a substitution of attorney. A judge may refuse a change right before trial if it would cause a delay. If you have a public defender and want a different appointed lawyer, the process is different and the judge decides.

How long after a guilty plea is sentencing in California?

For many misdemeanors, sentencing happens the same day as the plea. For felonies, the judge usually orders a probation report and sets sentencing within 20 judicial days, about four weeks, though that date is often extended. Sentencing can also happen right away if both sides and the court agree to skip the report.