The next step depends on the magistrate’s order. If the person is held to answer, the prosecutor generally files an information in superior court, and the person is arraigned on that filing. If the magistrate finds no sufficient cause, the complaint is dismissed and the person is discharged in that case—but the dismissal does not automatically bar every later prosecution. Read the order and later court record before assuming which branch applies. (Penal Code §§ 871, 872)

If the magistrate holds the case to answer

Start with the signed holding order and the complaint. A hold is a probable-cause decision that permits the case to move forward; it is not a conviction or a finding of guilt. Under Penal Code section 739, after the examination and commitment, the district attorney must file an information within 15 days. That statutory period does not establish a universal date for the next court appearance.

If an information is not filed within 15 days, section 1382(a)(1) provides for dismissal unless good cause to the contrary is shown. Do not assume that a calendar passing day 15 automatically ends the case or requires immediate release; the actual docket, custody order, and any good-cause finding matter.

Once an information is filed, the defendant is arraigned on that pleading. Review the new document against the complaint, holding order, and preliminary-hearing record: which counts remain, what is different, what plea is recorded, and what hearing or motion is next? (Penal Code §§ 976, 988)

The record may also raise a motion to set aside the information under section 995. Its grounds depend on the commitment and probable-cause record; it is not an automatic second preliminary hearing. Section 996 warns that a qualifying objection not raised at arraignment may be waived, so ask counsel to review the actual order and transcript promptly. A claim that the information adds a count shown at the examination involves a separate analysis; see the guide to new charges in an information after a California preliminary hearing.

If the magistrate does not hold the case

Under Penal Code section 871, when the required cause does not appear, the magistrate dismisses the complaint and discharges the person in that case. That is an important result, but it does not by itself answer whether a later prosecution is allowed. Section 1387 makes the effect of a dismissal depend in part on prior terminations and statutory exceptions. If a new filing appears, have counsel compare the current and earlier complaints, dismissal orders, and the stated grounds for each termination.

Put the record together

Ask for copies of the original complaint, preliminary-hearing transcript and exhibits, signed holding or dismissal order, filed information if one exists, docket and next-hearing notice, and any custody or release order. If the case was filed or dismissed before, gather those earlier complaints and orders too. These records show which branch occurred and help counsel decide whether a filing, arraignment, or challenge needs attention. A hearing result alone does not establish a universal next date or predict the case outcome.

The Law Offices of David S. Chesley can review the preliminary-hearing result and the next filing or court notice. Call (800) 755-5174.