Understanding The Stages Of A San Diego Misdemeanor Case: An Attorney Explains
Last updated on January 7, 2026
Navigating the criminal justice system can be intimidating, but a proactive and seasoned lawyer can make all the difference. At The Law Offices of Mark Deniz APLC, our San Diego misdemeanor attorney is a former senior prosecutor with over 20 years of criminal law experience.
We understand the value of taking early action in misdemeanor cases, such as having clients begin educational classes for DUI cases or communicating extensively with prosecutors to humanize their situation. In San Diego County and throughout California, we are committed to going the extra mile for our clients who need to defend themselves and protect their rights throughout the process.
Stage 1: Arraignment
An arraignment is the initial court hearing where a person accused of a misdemeanor is formally charged and enters a plea. During this stage, the court will confirm your identity, review the charges and ensure you understand your legal rights. Here are the key actions that take place during this crucial first step.
- An attorney can usually appear for the client (in most circumstances).
- Enter not guilty plea.
- Demand discovery.
- Set readiness conference.
- Hold preliminary negotiations.
- Bail and Own Recognizance (OR) Conditions may be argued.
The outcome of the arraignment is the formal entry of a plea, which sets the case on a path toward a resolution and the court establishes the conditions for your release.
Stage 2: Bail Review (In Some Circumstances)
A bail review is a separate hearing that can be requested to re-evaluate the amount of bail set during the arraignment. This stage is particularly important if the initial bail is excessively high or if you were not released on your own recognizance. During a bail review, your attorney may take the following steps:
- The bail review can be done three days after arraignment.
- Motion to reduce bail if the client is still in custody.
- Bring witnesses and documents.
- OR release or post bail.
- Vacate or keep court dates.
The goal of a bail review is to secure a reduction in the bail amount or an OR release, allowing the defendant to be out of custody while their case is pending.
Stage 3: Readiness Conference
A readiness conference is a meeting between your attorney, the prosecuting attorney, and a judge to discuss the status of your case and whether it can be resolved without a trial. This is often the first significant opportunity to negotiate a plea agreement. At the readiness conference, we engage in these actions:
- First earnest chance of settlement
- The case discussed with the judge and the prosecutor
- Motions filed
The result of this conference is often a plea agreement that avoids a trial, though it can also lead to the case being set for further hearings or a trial date.
Stage 4: Motions
Motions are formal requests made to the court by your attorney, asking a judge to make a specific ruling or order. These requests can relate to issues like suppressing evidence, dismissing charges or other procedural matters before the trial begins. The following are some of the actions we take regarding motions:
- Argue relevant pretrial motions
- Finalize trial strategy
- Prepare trial motions
- Prepare trial exhibits
The outcome of these motions can significantly impact the strength of the prosecution’s case or even lead to a dismissal of some or all charges.
Stage 5: Jury Trial
A jury trial is a formal court proceeding where a group of your peers hears evidence from both the prosecution and the defense before deciding a verdict. This stage involves a structured process that adheres to strict legal procedures and rules of evidence. A typical jury trial unfolds through these phases:
- Trial motions
- Jury selection
- Opening statements
- Cross-examination of prosecution witnesses
- 1118 Motion
- Defense case
- Closing statements
- Case to the jury
At the end of a jury trial, the jury will return a verdict of guilty or not guilty, which will determine the final outcome of your case.
Don’t Wait To Act: Secure A Strong Defense Now
It is vital to take immediate, informed action by hiring a professional who can help you go through the complex stages of a misdemeanor case. Our diligent and proficient San Diego misdemeanor lawyer will work to protect your rights, challenge the evidence and negotiate on your behalf for the most favorable outcome possible. To discuss your situation and see how we can help, please call us at 858-429-9982 or reach out through our online contact form to schedule your free and confidential consultation.