What Happens After You Are Arrested in San Diego?

If you are wanted for a crime, you are probably wondering what happens after an arrest. At the Law Office of Vikas Bajaj, APC, we have over 19 years of experience helping people accused of a crime. To assist you, we put together an infographic that explains the post-arrest process. If you need more information, call San Diego criminal attorney Vikas Bajaj to discuss your case. We offer a free consultation.

Phase One: Pre-arrest Investigation

During this period you may have been contacted regarding an ongoing investigation or served with a search warrant. If you are contacted by the police, remain silent and do not offer any information other than identification.

Phase Two: Arrest and Booking

If you are arrested, you need to remain silent at all times and ask for an attorney. After your arrest, you will be booked.

Phase Three: Arraignment and Bail

You must be brought before a judge for what is known as an arraignment within 48 hours of your arrest (not including weekends and holidays. Bail will be set at the arraignment.

Phase Four: Pre-Trial Proceedings

Felony Disposition Conference (FDC)

Depending on the charges, you will have a Felony Disposition Conference (FDC). During this conference, the prosecution might make an offer – otherwise known as a plea.

Preliminary Hearing

The preliminary hearing is set to decide two issues: (1) Is there probably cause to believe that a crime was committed, and (2) if yes, is there probably cause to believe that the defendant is person who committed the crime.

Phase 5: Trial

A defendant can choose either a trial by jury or trial by court (bench trial).

Phase 6: Sentencing

During the sentencing hearing, each side is given an opportunity to present and explain what type of sentence considerations the court should take into account.

What To Expect After an Arrest in San Diego, CA


Criminal Law