After an arrest, the question that defines the next several months is not whether someone is guilty or innocent. It is a more immediate, more human question — what happens tomorrow, what happens next month, what happens to the family, the job, the life that existed the day before. Most people charged with a crime in Riverside County have never been through the system before. They do not know what an arraignment is, when they will see a judge, whether they can keep working, what to tell their children. This guide walks through the criminal defense process from arrest through sentencing, so defendants and their families have a clearer picture of what is coming and how to prepare for each stage.
The First 72 Hours After Arrest
The window immediately after an arrest is the most critical phase of any criminal case. Decisions made during these hours — sometimes within minutes — shape how the prosecution builds its case and how much room a defense attorney has to negotiate later. Statements made to officers can never be unmade. Social media posts taken before an attorney is involved can become exhibits. Contact with an alleged victim, even by accident, can trigger a no-contact order or additional charges.
The single most important rule in this phase: stop talking. Anything said to law enforcement, jail staff, fellow inmates, friends, or social media can and likely will be used by the prosecution. The right to remain silent is not just constitutional — it is the most powerful tool a defendant has in the first hours of a case. Two foundational guides on this site address the early steps in more detail: If You’ve Been Arrested in Riverside County and Never Talk to the Police.
The Arraignment
Within 48 hours of an arrest (excluding weekends and holidays), the defendant must appear before a judge for the arraignment. Three things happen at this hearing: the formal charges are read, a plea is entered, and bail is set or modified. In some cases, the court also issues protective orders.
For most defendants, a not-guilty plea is entered at arraignment. This is not an admission of innocence or guilt — it is a procedural step that opens the door for the defense to investigate the case, file motions, and negotiate with the prosecution. A defense attorney’s role at this stage includes arguing for bail reduction or own-recognizance release, pushing back on overly broad protective orders, and beginning to gather discovery from the prosecution.
The Pre-Trial Phase
The longest phase of most criminal cases is the period between arraignment and resolution. This is where the actual work of defense happens: reviewing police reports, interviewing witnesses, examining physical evidence, filing motions to suppress unlawfully obtained evidence, requesting expert analysis, and negotiating with the prosecutor’s office.
For many cases, this is also the phase where mitigation begins — the work of presenting context about the defendant, the circumstances, and the broader picture that can affect both the prosecution’s willingness to reduce charges and the court’s eventual sentencing decisions. Effective mitigation is rarely a last-minute filing. It is built across the months between arraignment and resolution. For defendants facing strike priors, this is also when motions to strike priors under People v. Romero are prepared.
Resolution: Plea or Trial
Roughly nine out of ten criminal cases in California resolve through a plea agreement rather than a trial. This is not a sign that the system is broken or that defendants are being pressured. It is a reflection of how trials work — they are unpredictable, expensive, and emotionally costly for everyone involved. A well-negotiated plea can mean reduced charges, lower prison exposure, alternative sentencing programs, or even diversion that ends in dismissal.
When a case does go to trial, the defense team works through jury selection, opening statements, cross-examination of prosecution witnesses, presentation of defense evidence, and closing arguments. Trial is the right path for some cases. For others, it carries unacceptable risk. The decision belongs to the defendant — always — but the attorney’s job is to make that decision as informed as possible.
Sentencing
If a case ends in conviction, sentencing typically happens at a separate hearing weeks or months later. This gap exists for a reason: it gives the defense time to prepare a mitigation package, the probation department time to prepare a pre-sentence report, and the court time to consider the full picture before imposing a sentence.
Sentencing is where the months of preparation come together. A strong mitigation case can mean the difference between probation and prison, between a long sentence and a survivable one, between a strike conviction that follows someone forever and a reduction that opens future doors.
How Defendants and Families Can Prepare
There are practical steps defendants and families can take during the months between arrest and resolution. None of them are legal advice — they are practical preparation steps that strengthen a defense attorney’s ability to work the case.
Gather character references early. Letters from employers, teachers, coaches, family members, and faith community leaders matter most when they reflect long-term knowledge of the defendant, not last-minute reactions to the charge. Start collecting these as soon as possible after the arrest.
Document treatment and program enrollment. If substance use, mental health, anger management, or domestic counseling is relevant to the charges, voluntary enrollment in programs before sentencing carries far more weight than court-ordered enrollment after. Keep records of attendance and completion.
Plan for the worst case while working toward the best. Discuss with family how childcare, employment, finances, and household responsibilities would be handled if a custody sentence were imposed. This is uncomfortable but necessary. A defense team works better when defendants are not making decisions in panic.
Stay off social media. Posts about the case, about law enforcement, about the alleged victim, or about feelings related to the charge can become evidence. Pause social media for the duration of the case if possible.
Common Questions
How long will my case take?
Most criminal cases in Riverside County resolve within four to eighteen months from arraignment. Misdemeanor cases tend toward the shorter end of that range. Felony cases — especially those involving strike priors, enhancements, or complex evidence — can take longer. A defense attorney can give a more specific timeline once the charges and the prosecution’s evidence are clear.
Do I have to go to court for every hearing?
For felony cases, defendants generally must appear at all hearings unless the court excuses appearance under Penal Code 977. For misdemeanors, attorneys can often appear on the defendant’s behalf for routine hearings. The attorney will advise which hearings require personal appearance.
Can I keep working during my case?
In most cases, yes. Pre-trial release conditions usually allow employment. The defense attorney can advise whether the case involves restrictions on work, travel, or contact with specific people that might affect a current job. Communicating early with an employer — through the attorney where appropriate — often helps preserve employment.
What should defendants tell their families and children?
There is no single right answer to this question. Defense attorneys often recommend honesty appropriate to age and maturity, focused on the process rather than the worst-case outcomes. Counselors who specialize in family work during legal cases can help, particularly for younger children. Family members benefit from clear information about court dates and what to expect at hearings they may attend.
The criminal defense process is long, complex, and high-stakes. Joseph W. Galasso has spent more than 20 years walking defendants and their families through every phase of this process in Riverside County courtrooms. To discuss what a specific case looks like at any stage, schedule a free case evaluation or call (951) 225-4130.
