What Happens After an Arraignment in Los Angeles Criminal Cases?

The arraignment is only the first chapter of a California criminal prosecution. Once the plea is entered, a complex set of deadlines, strategic opportunities, and potential pitfalls unfolds. What happens after an arraignment in Los Angeles criminal cases is an in-depth, practitioner-level guide to every central stage that comes after the arraignment, written for accused individuals, their families, and the lawyers who defend them in court.

Navigating the Los Angeles criminal process after an arraignment requires careful planning and a deep understanding of local court procedures. An experienced defense attorney can help guide you through each phase of the Los Angeles criminal process to protect your rights and improve your case outcome.

The moment the judge sets the next appearance, the clock starts to tick on several statutory timelines.

• Bail review and release conditions can be reconsidered at any pre-trial hearing. The court must weigh the public. Safety and flight-risk factors under Penal Code §§ 1270-1275.1, and it can modify release terms at any time upon a showing of good cause.
• Entry into an Early Disposition or Pre-Preliminary Conference is common in Los Angeles felony courts. This setting provides an initial opportunity to explore plea offers, diversion programs, or informal charge reductions before the case becomes more deeply entangled in litigation.
• Time-limit alerts arise immediately. Felony defendants must receive a preliminary hearing within 10 court days of arraignment unless they, not the prosecutor, waive that right (Penal Code § 859b).

California’s reciprocal discovery scheme is governed by Penal Code § 1054 et seq.

• The prosecution must turn over police reports, body-worn camera footage, witness statements, and all exculpatory or impeachment evidence it possesses.
• Defense counsel can serve informal discovery letters, file formal motions if cooperation is not forthcoming, and seek court orders compelling production.
• Parallel private investigations, scene visits, digital forensics downloads, and expert consultations should begin early to preserve exonerating evidence before memories fade or surveillance systems overwrite footage.

Los Angeles judges use several hearing types to narrow the issues and test the State’s case.

• Pre-Preliminary Hearing Conferences focus on settlement, discovery status, and bail. Defense lawyers can preview motion issues, identify missing evidence, and gauge the prosecutor’s trial posture.
• A preliminary hearing is the first adversarial, evidentiary test. The People need only show “probable cause,” a much lower burden than “beyond a reasonable doubt.” Skilled cross-examination can expose weaknesses and lock in witness testimony for future impeachment. (Penal Code § 859b).
• Suppression Motions under Penal Code § 1538.5 challenge the legality of searches, seizures, and arrests. Prevailing can exclude crucial evidence and sometimes lead to dismissal.
• Motion to Dismiss Information or Indictment (Penal Code § 995) attacks legal deficiencies in the holding order after the preliminary hearing. If the magistrate misapplied the law or relied on inadmissible evidence, the superior court can strike counts or entire cases.

California’s speedy-trial statute (Penal Code § 1382) sets outer limits:

• 60 days from arraignment to jury trial in felonies unless the defendant waives.
• 30 days for in-custody misdemeanors and 45 days for out-of-custody misdemeanors.

Counsel frequently waive time to allow thorough investigation, motion practice, or expert preparation, but the waiver decision should always be client-driven and documented on the record.

Most California criminal cases resolve without trial, and the period between arraignment and the trial-readiness conference is the prime window for negotiation. Effective advocates will:

• Present mitigation packets, school, military, and employment records, character letters, rehabilitation proof, to humanize the client.
• Highlight evidentiary flaws that surfaced during discovery or at the preliminary hearing.
• Explore creative dispositions such as pre-plea diversion (Penal Code §§ 1000, 1001), DEJ for certain drug offenses, mental-health diversion under § 1001.36, or Veterans Court Track (Penal Code §§ 1170.9, 1170.91).

If the case is not settled, counsel must master the California Criminal Jury Instructions (CALCRIM) or CALJIC equivalents that will frame the jury’s deliberations.

• Burden-of-proof instructions (CALCRIM 220) require the prosecutor to prove every element beyond a reasonable doubt.
• Lesser-included-offense instructions can give jurors a middle ground and sometimes preserve a strategic pathway to a non-strike misdemeanor.
• Affirmative-defense instructions, self-defense, accident, and duress shift the burden of persuasion but not the ultimate burden of proof.
• Special-intent or knowledge elements can be contested through pinpoint instructions directing jurors to focus on intent at the precise moment of the alleged act.

A defendant found guilty faces a determinant sentencing triad—lower, mid, and upper terms—defined in the substantive Penal Code section. The judge must select the middle term unless aggravating factors outweigh mitigation (Penal Code § 1170(b)(1)).

• Aggravating factors can include significant bodily injury (Penal Code § 12022.7), use of a firearm (§ 12022.5), or prior serious felony convictions (§ 667).
• Mitigating factors under California Rules of Court rule 4.423 include insignificant prior record, voluntary restitution, or provocation.
• Probation eligibility depends on the offense and any disqualifying factors in Penal Code § 1203(e). If granted, the court can impose up to one year in county jail, as well as require participation in treatment programs, community service, and issue stay-away orders.
• Alternative sentences such as county jail under § 1170(h) (“AB 109” realignment), electronic monitoring, or residential treatment can be negotiated.
• Presentence credit calculations (Penal Code §§ 4019, 2933) and restitution determinations (Penal Code § 1202.4) are routinely litigated at the sentencing hearing.

The courtroom battle does not always end with sentencing.

• A motion for a New Trial under Penal Code § 1181 can be raised to address juror misconduct, newly discovered evidence, or a legal error.
• Direct appeal must be filed within 60 days of judgment (Cal. Rules of Court, rule 8.308).
• Habeas corpus petitions challenge unconstitutional custody or ineffective assistance.
• Record clearance options include expungement under Penal Code § 1203.4, early termination of probation (§ 1203.3), and recent adult-felony resentencing mechanisms (Penal Code § 1172.1).
• A Certificate of Rehabilitation paves the way for a gubernatorial pardon and restores certain civil rights.

At Kraut Law Group Criminal & DUI Lawyers, we draw on a toolkit that combines statutory rights, forensic science, and human storytelling.

• Suppress evidence obtained through warrantless car searches, invalid warrants, or Miranda violations.
• Impeach officer credibility with Brady material, Pitchess records, or body-cam contradictions.
• Leverage mental-health or substance-abuse diagnoses to qualify for diversion or to mitigate sentencing.
• Pursue expert testimony, DNA transfer theory, accident reconstruction, and retrograde extrapolation in DUI to create reasonable doubt.
• Conduct social-media investigations to locate impeachment material or identify alternative suspects.

Early intervention often changes outcomes. Defense counsel who appear shortly after the arrest can:

• Influence charging decisions during the pre-file phase with the District Attorney.
• Gather time-sensitive evidence, surveillance video, 911 audio, and cell-site data before it disappears.
• Negotiate self-surrender or own-recognizance release terms to avoid damaging warrants or surprise arrests.
• Build rapport with prosecutors and judges that fosters constructive negotiation rather than scorched-earth litigation.

Every criminal case is unique, and the consequences reach far beyond the courtroom. A knowledgeable defense attorney can safeguard your constitutional rights, protect your livelihood, and pursue the best possible outcome from the moment the arraignment concludes.

If you or a loved one is facing a felony in Los Angeles, Orange, Riverside, San Bernardino, or Ventura County, please call (323) 464-6453 or use our secure online form to schedule a free and confidential consultation. We answer 24/7 because police investigations do not follow business hours, and neither do we.