Facing criminal charges can be a frightening and confusing experience. Whether it’s your first encounter with the criminal justice system or you’re supporting someone going through it, understanding the process is crucial. At Flore Legal Allies, we believe in transparency, education, and support. That’s why we’ve broken down the criminal justice process step by step, so you know what to expect and how to protect your rights.

Step 1: The Arrest

The process typically begins with an arrest. This can occur when a law enforcement officer witnesses a crime, has probable cause, or holds an arrest warrant issued by a judge. You may be taken into custody on the spot or later if the investigation leads to sufficient evidence.

Important: You have the right to remain silent and the right to an attorney. Use both. Do not speak to the police without your lawyer present. Anything you say can and will be used against you.

Step 2: Booking

After the arrest, you are taken to a local jail or detention facility for booking. This involves:

  • Taking fingerprints and photographs
  • Recording personal information
  • Checking for outstanding warrants
  • Collecting personal items (returned upon release)

Depending on the offense and your history, you may be released with a citation, held for arraignment, or granted bail.

Step 3: Initial Court Appearance (Arraignment)

The next step is the arraignment. This is your first appearance before a judge, usually within 48 to 72 hours of your arrest (excluding weekends/holidays).

During arraignment:

  • You are formally informed of the charges.
  • You enter a plea: guilty, not guilty, or no contest.
  • Bail may be set or adjusted.

At Flore Legal Allies, we guide you through this critical moment, helping you make informed decisions about your plea and fighting for reasonable bail terms when appropriate.

Step 4: Pretrial Proceedings

If you plead not guilty, your case enters the pretrial phase. This stage involves:

  • Discovery: Both the prosecution and defense exchange evidence.
  • Motions: Legal arguments filed by either side (e.g., motion to dismiss, suppress evidence).
  • Negotiations: Many cases resolve here via plea deals. This can reduce your charges or sentence in exchange for a guilty plea.

We advocate fiercely for fair outcomes, whether that means negotiating a plea bargain or moving forward to trial.

Step 5: Preliminary Hearing (Felony Cases)

For felony charges, a preliminary hearing may be held to determine if enough evidence exists to proceed to trial. This is not the actual trial, but a judge reviews the prosecution's evidence to ensure there’s probable cause.

Your defense attorney can challenge the evidence, question witnesses, and expose weak points in the prosecution’s case—sometimes leading to a dismissal.

Step 6: Trial

If the case isn’t dismissed or resolved with a plea, it proceeds to trial. You have the right to a jury trial, though some opt for a bench trial (where the judge decides the outcome).

At trial:

  • Opening statements are made by both sides.
  • Witnesses are examined and cross-examined.
  • Evidence is presented.
  • Closing arguments summarize each case.
  • The jury (or judge) deliberates and delivers a verdict.

If found not guilty, the case ends and you are free to go. If found guilty, sentencing follows.

Step 7: Sentencing

If convicted, the judge decides your sentence. This can include:

  • Jail or prison time
  • Probation
  • Fines or restitution
  • Community service
  • Mandatory programs (e.g., anger management or DUI classes)

Our firm works to present mitigating circumstances—like your background, remorse, or lack of criminal history—to argue for leniency in sentencing.

Step 8: Appeals and Post-Conviction Relief

If you believe a legal error affected your conviction or sentence, you may file an appeal. This is a review by a higher court to determine if the trial court made mistakes in interpreting the law.

Post-conviction relief may also include:

  • Expungement
  • Motion for a new trial
  • Habeas corpus petitions

Flore Legal Allies handles both trial and appellate advocacy, ensuring your rights are protected at every level.

Protecting Your Rights Throughout the Process

Each step in the criminal justice process presents opportunities—and dangers. Without experienced legal counsel, you may unintentionally damage your case or give up rights that protect your future.

At Flore Legal Allies, we stand beside you, not just in court, but emotionally and mentally. Our approach is built on compassion, strategy, and personalized legal defense. We understand the weight of being accused and the confusion that follows. That’s why we guide every client through this process with clarity and care.

How We Can Help

If you or a loved one has been arrested in San Diego or Los Angeles, you don’t have to face the system alone. At Flore Legal Allies, we provide more than legal defense—we provide partnership, strategy, and peace of mind.

We take the time to listen, explain your options clearly, and build a defense tailored to your circumstances. Whether it’s negotiating a dismissal, fighting for you at trial, or helping you expunge your record, we’re with you every step of the way.