The stages
Tap a step to see what happens and what Eric does.
Arrest and booking
You are taken into custody, fingerprinted and photographed, and your property is held. For many misdemeanors, police instead issue a citation and release you with a written promise to appear in court (Penal Code § 853.6).
What Eric does: Eric can be contacted at any hour. He advises you, or your family, not to discuss the case and starts working on release.
Release: bail, OR or citation
Release can be on bail set by the county’s bail schedule, on your own recognizance (OR) without bail, or by citation. A judge can raise, lower or deny bail and must consider ability to pay.
What Eric does: Eric can ask for OR release or reduced bail and explain the options to your family.
Charging decision
The district attorney reviews the police reports and decides what, if anything, to file. Filed charges can differ from the arrest charges.
What Eric does: Where it helps, Eric contacts the prosecutor early, sometimes before charges are filed.
Arraignment
Your first court date. The charges are read, you enter a plea (usually not guilty at this stage), and release is reviewed. If you are in custody, arraignment generally must happen within 48 hours of arrest, excluding weekends and holidays (Penal Code § 825).
What Eric does: Eric appears with you, enters the plea and, for many misdemeanors, can appear for you (Penal Code § 977).
Pretrial
Both sides exchange evidence (discovery), file motions, such as a motion to suppress evidence from an unlawful search (Penal Code § 1538.5), and negotiate. Diversion programs may be available.
What Eric does: Eric reviews the evidence, investigates, files motions and negotiates for a dismissal, reduction or alternative sentence.
Preliminary hearing (felonies)
A judge decides whether there is enough evidence to hold you to answer for trial. It generally must happen within 10 court days of arraignment unless you waive time (Penal Code § 859b).
What Eric does: Eric cross-examines witnesses, tests the evidence and sometimes gets charges reduced or dismissed here.
Trial
A jury of 12 decides whether the prosecution has proved the charges beyond a reasonable doubt. Speedy-trial limits are 30 or 45 days for misdemeanors and 60 days for felonies, unless time is waived (Penal Code § 1382).
What Eric does: Eric prepares and tries the case. He has tried cases to verdict, including a not-guilty verdict on all counts in Amador County.
Sentencing and after
If there is a conviction, the judge imposes the sentence: probation, jail, fines, programs or prison. Later, many convictions can be dismissed or reduced.
What Eric does: Eric argues for the best available sentence and can later seek early termination of probation, a reduction or an expungement.
How long a case takes
A simple misdemeanor can be resolved in weeks. Felonies and cases that go to trial can take many months or longer. Most cases are resolved without a trial, but preparing as if the case will be tried is often what leads to a good resolution.
Never miss a court date
Missing court can lead to a bench warrant (Penal Code § 978.5), forfeited bail and a separate charge for failing to appear. If something comes up, call Eric right away. Use the court date countdown to add your date to your calendar.
Law cited: Penal Code §§ 825, 859b, 977, 1382. Last reviewed October 2026.
General information, not legal advice. Every case is different.