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A person may only be arrested by police if the officer or officers can articulate probable cause that a crime has been, is being committed, or will be committed. This is the same standard that permits the issuance of search warrants by judges and indictments by grand juries. Probable cause requires more than the reasonable suspicion required to make a stop. As the name suggests, it requires that criminal activity is probable, not merely possible. If the officer reasonably believes that probable cause exists, they may arrest the individual. This is a more severe action than the brief detention permitted under the reasonable suspicion standard.

It is not always clear whether a person is being arrested or simply detained. Generally, the distinction between a stop and an arrest will turn on whether the person being detained, is free to leave after being subjected to limited questioning by the police. If they do feel free to leave (whether or not they actually do so,) then they were merely detained. If they do not feel free to leave, then they have been arrested; even if that was not specifically articulated to them by the officer.

When a person is arrested and charged with a crime, they are often (although not always) put in jail, pending adjudication of the crime for which they are charged. In most cases, the defendant will have the option of posting bail to gain their release from jail while charges are pending. Some low-level crimes (such as a DUI) will not require the defendant to post any bail to secure their release. Instead, the Defendant will be released on his O.R. or own recognizance, where they sign a promise to appear.

As the law currently stands, bail is an amount of money that must be deposited with the court to ensure that the defendant will appear for their court dates. The amount required for bail is generally determined by what is called the "bail schedule." However, arresting officers can request that the amount of bail be higher than what is called for by the schedule. At the defendant's arraignment, or shortly thereafter, the court can modify the bail requirements for a defendant; whether to increase them, decrease them or eliminate them altogether (which is known as being released on the defendant's own "recognizance.")

Typically, one can hire a bail bondsman, who will charge a premium, usually 8-10% of the bail amount, to issue a bond, or “bail someone out”. Often, the bail bondsman will require a co-signor, another person who will pay the bail if the defendant flees.

In California, the bail system, in its current form, may be completely eliminated following the November 2020 elections. In August of 2018, a bill was signed into law to abolish the bail system; replacing it with an algorithm that determines whether or not a person should be released or detained pending trial. If the algorithm determines the defendant should be released, they will be released without having to post bail in any amount. This law was set to go into effect in October of 2019, but has been delayed through the 2020 election so as to allow voters to decide, through a ballot initiative, whether or not to implement the new system.

When a person is charged with a crime, the first court hearing they will typically have is what is called an arraignment. Several things happen at this initial hearing, the most important of which is that the defendant is required to enter a plea. Also at the hearing, the defendant will have the opportunity to learn the specific charges being brought against them, and will be advised of their constitutional rights.

There are three different pleas that a defendant can enter' "guilty," "not guilty" and "no contest." If a defendant enters a plea of guilty or no contest (meaning that while they do not admit to committing the crime, they will not seek to challenge the charges,) there will typically be no trial on the matter, and the judge will schedule a sentencing hearing.

If the defendant pleads not guilty, then the court will enter that plea and proceed to determine bail or release of the defendant pending trial. The court will also set the next hearing in the case, In felony cases, this is usually a preliminary hearing.

In driving under the influence ("DUI") cases, there is a proceeding the defendant is subjected to, in addition to the criminal prosecution. This is commonly referred to as a DMV hearing.

A DMV hearing is an administrative procedure that determines what will happen to the defendant's driving privileges. These hearings are conducted at DMV offices, not in a court.

When a person is arrested for DUI, the arresting officer will confiscate the defendant's driver's license and provide them with a "Notice of Suspension" that operates as a 30-day temporary driver's license. At the end of 30 days, it will expire and the defendant will lose driving privileges. To avoid this, the defendant may request a DMV hearing within 10 days of receiving the Notice of Suspension.

If the hearing officer decides, based on the facts and circumstances of the arrest presented at the hearing, that the suspension should be sustained (i.e., kept in place) the defendant's license will be suspended. On the other hand, if the officer decides that the defendant's license should not be suspended, then the suspension will be set aside (i.e., cancelled.)

Alternatively, in most cases, a defendant can avoid the suspension of their driving privileges by applying for a restricted, ignition interlock device ("IID") license. This restricted license will allow the defendant to drive only vehicles with an IID installed, which tests for alcohol on the breath before allowing the vehicle's ignition to engage.

While every defendant has a constitution right to a fair trial, in most criminal cases, there is no trial at all. The vast majority of cases are resolved by what is called a plea bargain.

A plea bargain is an agreement between the prosecution and the defendant whereby the defendant agrees to plead guilty to one or more charges in exchange for one or more concessions from the prosecution. Typical concessions a defendant will receive in exchange for a guilty plea are either the dropping of multiple, other charges in exchange for a guilty plea on one or more charges, or a lighter sentence (including, possibly a probation-only sentence) than the defendant would otherwise receive from a judge after a trial.

When a defendant enters into a plea bargain, the judge on the case will hold a hearing in which the defendant is formed of the consequences of entering into the plea bargain, including the fact that they are giving up the right to a jury trial and the right to remain silent. If the judge approves the plea bargain, the defendant will then be sentenced in accordance with the terms of the agreement.

A preliminary hearing, in California, is a procedure exclusive to felony cases. It is an evidentiary hearing is based on the defendant's constitutional right to have the prosecution demonstrate to the judge that there is sufficient evidence to show that the charged crime or crimes have been committed.

While the standard of proof at trial is what is known as "beyond a reasonable doubt," the standard of proof at a preliminary hearing is a lower standard called "preponderance of the evidence." This lower standard is the one typically applied to civil cases and essentially means that a disputed fact (in this case, that the defendant committed the crime) is more likely than not.

At the conclusion of the preliminary hearing, the defense attorney will typically make a motion to dismiss the charges on grounds of insufficiency of evidence, and the judge will either grant or deny the motion. If the motion is granted, the charges will be dismissed. If the motion is denied, the case will be transferred to the trial court for further proceedings.

Every person charged with a crime has the right to trial by a jury of their peers. However, a defendant may agree to waive their right to a jury trial and have the case decided by the judge instead. This is what is known as a bench trial. If a defendant, at their arraignment enters a plea of guilty or no contest (whether or not as the result of a plea bargain) they will not receive a trial.

When a case does proceed to trial, there are a number of different stages; picking the jury, or “voir dire”, opening statements, witness examination and cross-examination, introduction of evidence and closing statements. At the conclusion of the trial, the judge will read the law to the jury that they must follow, and then the fact-finder (either a jury or the judge) will decide whether the defendant is guilty or not guilty. The standard that must be applied in criminal cases is "beyond a reasonable doubt," meaning that the fact-finder has no reasonable doubts about the defendant's guilt. If there is a reasonable doubt, the defendant must be found not guilty.