What Happens in a California Criminal Case Before Court

Never Plead Guilty Without Seeking the Advice of an Attorney

If you’ve been arrested or are under investigation in Modesto, Stanislaus County, or any adjacent county (San Joaquin, Merced, Tuolumne, Alameda), the stakes are high. Even a minor infraction can jeopardize your job, driver’s license, or future opportunities. The Bogan Law Firm provides experienced, aggressive criminal defense throughout Central California. Tai C. Bogan is a Certified Criminal Law Specialist recognized by the California State Bar.

What Kind of Offense?

• Infraction:
  • Lowest level of offense in California; carries no jail time.
  • Still appears on your record, which can cost you employment or professional licenses if it “shows up” on a background check.
• Misdemeanor:
  • Punishable by up to one year in county jail and fines up to $1,000.
  • Certain misdemeanors (DUI, domestic battery) carry mandatory jail time or additional penalties.
  • Convictions remain on your permanent record unless removed via PC 1203.4 or automatic sealing statutes.
• Felony:
  • The most serious offenses—prison terms ranging from 16 months to life (or death in rare cases).
  • Convictions result in long-term consequences: loss of gun rights, immigration risks, professional-licensing issues, and severe reputational harm.

1. Investigation & Arrest

Most criminal matters begin when law enforcement (e.g., Modesto PD, Turlock PD, Ceres PD, or Stanislaus County Sheriff) takes a report. Officers collect witness statements, review surveillance footage, execute search warrants, and gather forensic evidence. Body-camera recordings and written reports are then forwarded to the District Attorney’s Office for charging decisions.

• Investigation Steps
  • Witness interviews and statements
  • Surveillance/video review
  • Evidence collection (forensic tests, scene processing)
  • Search warrants (if necessary)
• Probable Cause Determination

If officers believe there’s probable cause, you may be arrested on the spot or issued a citation. Arrests generally allow for bail (posting money or using a bail bonds company) to secure pre-arraignment release.

2. Prosecutor (Usually the DA) Evaluates Case

Once the DA’s Office receives the police reports (and any physical evidence), prosecutors decide whether to file formal charges. During this review period, you can intervene to influence the DA’s decision—often preventing charges entirely.

Pre-Complaint Intervention (PCI)

Retaining counsel before charges are filed enables our team to submit a packet, which we call a Pre-Complaint Intervention packet to the DA’s Office, focusing on two pillars:

1. Vindication
   • Compile and submit defense-oriented evidence (e.g., your witness statements, alibi verification, and scientific data, and forensic reports).
   • Demonstrate factual innocence or highlight significant gaps in the prosecution’s case.
2. Mitigation
   • Present a “human profile” showing employment stability, family ties, community involvement, and any extenuating circumstances.
   • Argue that even if charges are technically supportable, the filing would not be in the interest of justice (or that a diversionary resolution is more appropriate).

Court-Ready Packets

• PCI packets are organized so the same arguments and evidence can be reused if charges are ultimately filed.
• By anticipating the DA’s concerns, we build leverage for future motions, hearings, or dismissal requests.

Setting Realistic Expectations

• The DA may reject or file charges despite our efforts; we cannot predict exactly which PCI elements tip the balance.
• Even if charges proceed, our pre-complaint materials can lead to early dismissals or reduced charges.

3. No Charges Filed

If the DA concludes there is insufficient evidence (e.g., misidentification, unreliable eyewitness testimony, illegal stop/search), they will decline to file. When this happens:

• Case Termination
  • No formal complaint means your rap sheet would be updated by the California Department of Justice to read “Detention Only” instead of showing an arrest.
  • We try to confirm in writing that no charges are pending, so that your RAP sheet reflects a “no file” status.
• Next Steps
  • You can move forward without fear of prosecution for the incident at issue.
  • If desired, we assist with record-clearance processes (e.g., sealing or expungement for any related arrest record).

• Extended DA Review
  • On occasion, the DA may need more time before deciding whether to file charges; in such cases, you might receive a future court date or be told the DA will contact you (or your attorney) if charges are ultimately filed.
  • Although the DA generally makes a final decision within a year, they have until the end of the applicable statute of limitations to file charges (which can be longer depending on the offense).

Why Early Attorney Involvement Matters

• Immediate Evidence Review: Prevents loss or degradation of critical proof (surveillance footage, witness recollections).
• Leverage with the DA: When prosecutors see a well-packaged PCI, they know our firm is prepared and ready for trial if necessary.
• Cost & Stress Reduction: Avoiding formal charges means you never face court dates, potential bail costs, or criminal fines.

Contact The Bogan Law Firm if you suspect an investigation is underway or if law enforcement has already contacted you. Acting before charges are filed gives you the best chance to protect your rights, reputation, and future.

If you have already been charged, contact our office and/or check out our webpage about what happens in court after charges filed.