What Happens After You’re Arrested in San Diego?

A Step-By-Step Guide to the Criminal Process

Being arrested is disorienting.

You may not know:
 • Whether you’re being charged with a misdemeanor or felony
 • How long you’ll be in custody
 • When you’ll see a judge
 • Whether the case can be dismissed
 • What the next few months of your life will look like

If you’ve been arrested in San Diego County, here’s what actually happens next.

Step 1: Booking and Jail
After arrest, you are transported to a local detention facility such as:

• San Diego Central Jail (Downtown)
• South Bay Detention (Chula Vista)
• Vista Detention Facility (North County)
• George Bailey Detention Facility

You will be:
 • Fingerprinted
 • Photographed
 • Entered into the system

At this stage, law enforcement prepares a report that is later submitted to the District Attorney’s Office.

Important:
This report is often one-sided and incomplete. It is not the final word.

Step 2: Bail Determination
Bail is typically set according to the San Diego County bail schedule.

However:
 • In serious felony cases, bail may be denied
 • In some misdemeanor cases, you may be cited and released

A defense attorney can request:

 • Bail reduction

 • OR release on own recognizance (OR release)
 • Supervised OR release, which requires additional oversight but avoids the cost of posting bail

This is often the first critical opportunity to shift momentum.


Step 3: The District Attorney’s Charging Decision
The District Attorney reviews the police report and decides:
 • Whether to file charges
 • What charges to file
 • Whether to file as a felony or misdemeanor
 • Whether to allege enhancements

This is where experience matters.

Many cases can be influenced before formal charges are filed.

Early intervention sometimes results in:
 • Reduced charges
 • Diversion eligibility
 • No filing at all


Step 4: Arraignment

Your arraignment typically takes place at:
 • San Diego Central Courthouse
 • Vista Courthouse
 • El Cajon Courthouse
 • South County Courthouse

The courthouse where your case is heard depends on where the alleged offense was committed.

At arraignment:
 • Charges are read
 • You enter a plea (usually “Not Guilty”)
 • Future court dates are set
 • Bail is addressed again

This is procedural — not trial.

But it sets the tone.


Step 5: Pretrial Phase

This phase may last weeks or months.

It includes:

Evidence Review
 • Police reports
 • Body cam footage
 • Lab reports
 • Witness statements

Motions
Possible motions include:
• Motion to Suppress (Penal Code 1538.5)
• Motion to Dismiss
• Discovery motions

Negotiation

Most cases resolve during this phase.

But here’s what many people misunderstand:

Settlement leverage depends on trial readiness.

If the prosecution believes you will go to trial — and win — the offer improves.


Step 6: Preliminary Hearing (Felony Cases Only)
In felony cases, a preliminary hearing determines whether there is probable cause to move forward.

This is not a full trial.

But it is an opportunity to:
 • Cross-examine witnesses
 • Lock in testimony
 • Test weaknesses in the case

Many cases shift dramatically at this stage.

Step 7: Trial
If no agreement is reached, the case proceeds to jury trial.

In San Diego, felony trials are typically:
 • 12 jurors
 • Unanimous verdict required
 • Beyond a reasonable doubt standard

Trial includes:
 • Jury selection
 • Opening statements
 • Witness testimony
 • Cross-examination
 • Closing arguments
 • Deliberation

This is where preparation and credibility matter most.


How Long Does the Process Take?
Misdemeanor cases:
 • 2–6 months on average

Felony cases:
 • 6–18 months

Complex or serious felonies:
 • Longer - in many cases, the time from arrest to trial can easily exceed 2 years, and occassionally 3-4.

Each case is different.
Can Your Case Be Dismissed? Yes — but not automatically.

Dismissals happen when:
 • Evidence is illegally obtained
 • Witnesses lack credibility
 • The prosecution cannot meet its burden
 • Strategic negotiation results in diversion or resolution

The Reality: The Deck Is Often Stacked
The government has:
 • Investigators
 • Labs
 • Law enforcement officers
 • Institutional credibility

Which is why strategy matters more than volume.

Not every case calls for aggressive argumentation. In fact, combative tactics more often backfire. But each case is different.

• Some call for precision.
• Some call for patience.
• Some call for hard work by the defendant to prove that the ends of justice have already been satisfied.
• And some require trial.

The key is knowing the difference.

What Should You Do Immediately After an Arrest?
 1. Do not discuss the case with anyone except your lawyer.
 2. Do not post about it online.
 3. Do not assume the police report is accurate.
 4. Speak with an experienced trial attorney early.

Early decisions change outcomes.


Why Trial Experience Matters — Even If You Don’t Go to Trial
Most cases resolve before a jury verdict.

But the willingness — and ability — to try a case affects:
 • Negotiation leverage
 • Prosecutor posture
 • Judicial perception
 • Final outcome

In criminal defense, credibility is power.


Final Thoughts

An arrest is not a conviction.

It is the beginning of a process.

And how that process unfolds depends heavily on the strategy employed from day one.

If you’ve been arrested in San Diego, the most important step you can take now is speaking with someone who understands both negotiation and trial — and knows when to use each.