Arrested for a Felony in California? What Really Happens Next (and Why Hiring Early Matters)
Arrested for a Felony in California? What Really Happens Next (and Why Hiring Early Matters)
By Strategic Law Command — the Maverick in Leathers and Law
The First 24–48 Hours: Arrest, Booking, Calls, & Arraignment Clock
Arrest & booking. After arrest you’ll be booked and placed in custody pending release or first appearance.
Your phone calls. California guarantees at least three completed phone calls within three hours of arrest (Penal Code §851.5).
Arraignment deadline. You must be taken before a judge within 48 hours, excluding Sundays and court holidays (Penal Code §825).
Why counsel now: A lawyer can invoke your rights, contact family, and start preserving evidence immediately—before it disappears.
Release Options: Bail, O.R., and Early Bail Review
Bail schedules. Each county has a schedule, but judges can deviate (Penal Code §1269b).
Public safety first. Judges must weigh safety and flight risk (Penal Code §1275(a)).
In re Humphrey (2021). Bail decisions must consider your ability to pay and non-monetary alternatives.
O.R. release. Available in non-capital cases (Penal Code §§1270, 1318).
Bail review. Automatic review within 5 days if you remain in custody (Penal Code §1270.2).
What your attorney does: File O.R. motions, prepare Humphrey arguments, and challenge improper bail holds.
Arraignment: The First Court Appearance
Court advises charges, rights, and release conditions.
Protective orders may issue (Penal Code §136.2).
Right to counsel guaranteed (Penal Code §987).
Attorney role: Enter plea, argue release, oppose overbroad protective orders.
Between Arraignment and the Preliminary Hearing
Discovery begins. Prosecutors must disclose key evidence (Penal Code §1054.1).
Early motions. Motions to suppress (Penal Code §1538.5) or Pitchess motions for police records (Evidence Code §§1043–1047).
Attorney role: File motions, secure evidence, and negotiate favorable outcomes.
The Preliminary Hearing
Deadline. Must occur within 10 court days if you’re in custody unless waived (Penal Code §859b).
Purpose. Tests probable cause, not guilt beyond a reasonable doubt (Penal Code §866(b)).
Hearsay admissible. Officers may testify to victim statements (Penal Code §872(b)).
Possible results. Held to answer, counts dismissed, charges reduced, or early plea (Penal Code §859a).
Attorney role: Cross-exam witnesses, challenge hearsay, preserve issues for dismissal motions.
Why Hire Early?
Freedom at stake. Bail arguments must be made immediately.
Deadlines enforced. Attorneys protect your right to a timely hearing.
Evidence suppressed. Early motions can win your case outright.
Protective orders. Lawyers narrow unnecessary restrictions.
Prelim strategy. Strong cross at prelim shapes the entire case.