What Happens After a Felony Arrest in California?
The Moments Right After a Felony Arrest
After a felony arrest, police will typically take you to jail for booking, which includes taking your fingerprints, photos, and basic information. You may be held in custody until the district attorney decides whether to file charges, release you, or request that bail be set.
What you say or do during this time can affect your case, so it is vital to remain calm, assert your right to remain silent, and ask to speak with a defense attorney immediately. A Fresno criminal lawyer can start intervening right away by advising you on what to say, communicating with your family, and beginning to protect your rights.
Booking, Bail, and Release Options
At booking, the jail enters your information into the system, inventories your property, and places you in a holding area or cell. Shortly after, you may be informed of your bail amount or told when you will first see a judge who can set or review bail.
In felony cases, the court can release you on your own recognizance (a promise to return to court), set bail, or in rare cases, hold you without bail. A skilled Fresno defense attorney can argue for lower bail, supervised release, or an own‑recognizance release so you can return to work and family while your case is pending.
The Arraignment: Your First Court Appearance
Your first formal court hearing is called the arraignment, where you are told what you are charged with and advised of your constitutional rights. The judge will also address bail again at this hearing and decide whether to keep it as set, lower it, raise it, or change your release terms.
Most people plead “not guilty” at this stage, especially in felony cases, so that the defense can review the evidence and investigate before making any major decisions. Having a Fresno criminal defense lawyer standing beside you at arraignment sends a clear message that you are serious about fighting the charges and helps prevent you from being pressured into an early plea.
Why Every Appearance Matters in Felony Cases
If you are charged with a felony in California, you generally must appear at every court hearing, unlike many misdemeanor cases where an attorney can often appear for you. Missing court can result in a warrant for your arrest and forfeiture of any bail posted, making your situation much worse.
A local Fresno criminal lawyer helps you keep track of court dates, explains what will happen at each hearing, and appears with you to argue critical issues like bail, evidence, and scheduling. Consistent representation can also build credibility with the court and prosecutors over the life of your case.
The Preliminary Hearing and Grand Jury
Most California felony prosecutions go through a preliminary hearing where a judge decides whether there is enough evidence to hold you to answer for trial. At this hearing, the prosecutor must present evidence, and your defense attorney can cross‑examine witnesses and sometimes present limited evidence of your own.
In rare cases, felony charges begin with a grand jury indictment instead of a preliminary hearing, which means the grand jury has already decided there is sufficient evidence to proceed. Whether you face a preliminary hearing or an indictment, an experienced Fresno criminal defense attorney can challenge weak evidence, argue to dismiss certain counts, and negotiate for reduced charges.
Pre‑Trial Motions and Negotiations
If the case continues after the preliminary hearing, it moves into pre‑trial, where your lawyer can file motions to suppress illegally obtained evidence, exclude unreliable testimony, or dismiss charges. Successful pre‑trial motions can dramatically weaken the prosecution’s case or even lead to dismissals.
At the same time, your Fresno defense attorney can negotiate with the district attorney for better plea options, such as reduced charges, alternative sentencing, or diversion where appropriate. This is often when a lawyer’s understanding of local Fresno courts and prosecutors makes a real difference in the outcome.
Trial: When a Plea Is Not the Right Option
If no acceptable resolution can be reached, your case proceeds to trial before a jury or judge. At trial, the prosecution must prove every element of the felony beyond a reasonable doubt, and your defense attorney can attack the credibility of witnesses, challenge forensic evidence, and present your side of the story.
Trials are complex and high‑stakes, especially for serious felonies that can carry years in prison and long‑term consequences for your record, employment, and immigration status. Choosing a Fresno criminal lawyer with decades of trial experience gives you a genuine advocate in the courtroom who knows how to present your defense effectively to a Central Valley jury.
Sentencing and Long‑Term Consequences
If there is a conviction, the case moves to sentencing, where the judge decides the type and length of punishment within the ranges allowed by law. Sentencing can involve state prison, county jail, probation, fines, restitution, classes, or other conditions.
Your defense attorney can present mitigating evidence, argue for probation instead of prison, and push for alternatives like treatment programs or community‑based sentences when possible. A Fresno criminal defense lawyer who understands how felonies affect employment, professional licenses, and your family can also advise you about expungement and record‑clearing options later on.
How Mark Broughton Can Help After a Felony Arrest
If you or a loved one has been arrested for a felony in Fresno County, you are facing a process that can feel overwhelming and frightening. A certified criminal law specialist with decades of experience can guide you step by step, explain your options clearly, and work to protect your future.
Mark Broughton is a Fresno criminal lawyer and defense attorney who has handled serious and high‑profile felony cases throughout the Central Valley, from violent crimes to drug offenses and white‑collar charges. He provides one‑on‑one attention, honest advice about your situation, and aggressive representation at arraignments, preliminary hearings, pre‑trial motions, and trial.
If you are trying to figure out what happens next after a felony arrest, do not wait. Contact Fresno defense attorney Mark Broughton today to schedule a confidential consultation and get experienced help on your side right away.
FAQs: Felony Arrests in California
What Should I Do First After a Felony Arrest in California?
Remain calm, exercise your right to remain silent, and ask to speak with a criminal defense attorney immediately. Anything you say to police or others could be used against you later, so it is safer to let your Fresno criminal lawyer speak for you.
How Soon Will I See a Judge After a Felony Arrest?
In most cases, you must be brought before a judge for arraignment within a short period after arrest, especially if you are held in custody. At that hearing, the judge advises you of the charges, addresses bail, and sets future court dates, so having a defense attorney there is critical.
Can I Be Released Without Posting Bail on a Felony?
Yes, in some cases the judge can release you on your own recognizance, which means you promise to return to court without paying money. A Fresno felony defense attorney can argue for release or lower bail by presenting information about your ties to the community and your lack of risk to public safety.
Do I Have to Go to Every Court Date for a Felony?
Felony defendants generally must personally appear at all court hearings in California, and missing court can lead to a warrant and loss of bail. Your defense lawyer can help you understand when you must appear and what to expect at each hearing.
When Should I Call Mark Broughton?
You should contact a Fresno criminal lawyer as soon as you know you are under investigation or after any arrest, even before charges are filed. Early involvement gives Mark Broughton more opportunities to protect your rights, challenge weak evidence, and work toward the best possible outcome in your case.

