CALIFORNIA MISDEMEANOR CASE ROADMAP

1. Arraignment
When: Usually within 48–72 hours of arrest (or first court date if cited)
What Happens:
- Formal reading of the charges (or acknowledgment of receipt)
- Client enters a plea (usually “Not Guilty”)
- Bail may be addressed (often released without bail for misdemeanors)
- Future court dates are scheduled

Note: Except in Domestic Violence cases, clients do not need to appear at arraignment or any of their other court dates if they have a retained attorney

2. Pretrial Conference
When: Usually 2–6 weeks after arraignment
What Happens:
- Attorneys meet with the judge to discuss potential resolution
- Prosecution provides discovery (evidence)
- Defense evaluates options and may negotiate a plea deal

Note: This is often the best opportunity to resolve the case without trial.

3. Motion Hearings (if needed)
When: Before trial, if legal issues must be addressed
What Happens:
- Defense may file motions to suppress evidence, dismiss charges, divert prosecution*, or compel discovery
- Judge rules on legal arguments that can shape the case

Note: Not every case involves motions, but they can dramatically impact the outcome.

*A Motion for Court-Directed Diversion under Penal Code § 1001.95 is an excellent option for “earning” a dismissal. Except in a few types of cases, the judge, upon motion, can agree to put the defendant on track for a dismissal if certain conditions are met, such as doing community service or attending self-help meetings. Diversion plans range from 6-24 months. If successful, the case is dismissed and the arrest record is sealed.  
4. Trial (if case is not resolved)
When: Typically 30–90 days after arraignment unless continued
What Happens:
- Jury or bench trial begins (Jury Trial is almost always recommended)
- Opening statements, witness testimony, and evidence presented
- Closing arguments and verdict

Note: If acquitted, case is immediately closed. If convicted, the judge may sentence immediately or set a later date.
5. Sentencing (If Convicted or Plea Accepted)
When: Often the same day as conviction or plea, but sometimes scheduled
What Happens:
- Judge imposes sentence (e.g., probation, classes, fines, or jail time)
- Defense may advocate for alternatives like diversion or suspended sentence
6. Post-Conviction Options
Most post-conviction options can be pursued one year after the date of conviction
- Expungement (Penal Code § 1203.4)
- Early termination of probation (Penal Code § 1203.3)
- Reduction to an infraction (Penal Code § 17(d))