1. The defendant is released – no charges are filed.
2. The defendant posts bail/bond or is released on his or her own recognizance (“O.R.”) and is scheduled for arraignment.
3. The defendant remains in the custody and is transported to court for arraignment.

THE ARRAIGNMENT:
The Defendant’s first appearance in court is the Arraignment.  The following events occur at an Arraignment:

1. The defendant is informed of the charges against him or her.
2. The defendant is advised of his or her constitutional rights.
3. If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the court.
4. The defendant enters a plea of guilty, not guilty or no contest.
   Not Guilty:  The defendant states that he or she did not commit the crime.
   Guilty:  The defendant admits that he or she committed the crime and is in effect, convicted.
   No Contest:  Also known as “Nolo Contendere.” The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.
5. The defendant is released on his or her “Own Recognizance,” or the court sets bail and the defendant is remanded/committed to the custody of the Sheriff.

Also at the arraignment, the Defense attorney may move for a Demurrer, or dismissal of the Complaint under Penal Code §1004, if the Complaint either (1) Fails to meet the specificity requirement adequately putting the Defendant on notice of the charges filed; (2) If the Complaint is filed in the wrong Court and that Court does not have Jurisdiction over the Defendant; (3) Due to Misjoinder; (4) If the Complaint fails to state a Public Offense; and (5) If there is a legal excuse or bar to the particular prosecution.

INVESTIGATION:
After the Arraignment, the Criminal Defense Attorney begins an independent investigation into the alleged offense.  This includes, among other things, visiting the scene of the alleged crime, interviewing witnesses to the alleged crime, interviewing and investigating the accuser, interviewing the family and friends of the Defendant, and sending any necessary evidence to scientific and/or psychological experts.

THE PRE-TRIAL HEARING:
At the pretrial hearing, there is an exchange of information between the prosecution and the defense known as discovery. Pretrial motions may also be filed before the start of the trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. The defendant may at this point change his or her plea to guilty or no contest.