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Arraignment Process in Los Angeles Criminal Courts

Posted by Philip Israels | Oct 17, 2019

An arraignment in Los Angeles criminal court is the first formal court appearance after charges are filed.

Arraignment Process in Los Angeles Criminal Courts

It is where you are informed of the charges against you, advised of your constitutional rights, enter a plea, and address bail issues.

Although an arraignment may appear procedural, it is one of the most important early stages in a criminal case. Strategic decisions made at this hearing can significantly impact the direction of your case.

If you are scheduled for arraignment in Los Angeles County, understanding what happens and how to prepare is critical.

Your best hope for a favorable outcome is with an experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles.

To schedule a consultation, call (424) 372-3112 or use the contact form here.


What Is an Arraignment in Los Angeles?

An arraignment is the first court hearing after the prosecutor files a criminal complaint.

At the arraignment, the judge will:

  • Inform you of the criminal charges

  • Advise you of your constitutional rights

  • Provide a copy of the complaint

  • Ask you to enter a plea

  • Address bail or release conditions

  • Set future court dates

In misdemeanor cases, your attorney may appear on your behalf under California Penal Code 977(a). In felony cases, you must generally appear in person.


When Does Arraignment Occur?

After an arrest, you cannot be held in custody for more than 48 hours without appearing before a judge, excluding weekends and holidays.

If you were cited and released or posted bail, your arraignment will be scheduled for a future date listed on your citation or bond paperwork.

In felony cases, there may be two arraignments:

  • The initial arraignment after charges are filed

  • A second arraignment after the preliminary hearing if you are held to answer


What Happens at Arraignment?

Arraignment is typically brief, but it involves several critical legal steps.

Advisement of Charges and Rights

The judge will inform you of:

  • The criminal charges

  • Your right to an attorney

  • Your right to remain silent

  • Your right to a jury trial

If you are represented by counsel, the formal reading of rights is often waived to streamline the process.

Entering a Plea

You must enter one of three pleas:

  • Not guilty

  • Guilty

  • Demurrer

Your plea determines the next stage of your case.


Plea Options at Arraignment

Understanding your plea options is essential.

Not Guilty Plea

This is the most common plea at arraignment.

If you plead not guilty:

  • A misdemeanor case is set for pretrial or early disposition conference

  • A felony case is set for preliminary hearing

Entering a not guilty plea allows your attorney to:

Guilty Plea

You may plead guilty at arraignment if a favorable plea offer is available.

Some prosecutors extend “arraignment-only” plea offers. These offers may expire after the hearing.

Before accepting any plea, you should consult with an experienced criminal defense attorney.

Demurrer

A demurrer challenges the legal sufficiency of the complaint.

It argues that even if the facts alleged are true, they do not constitute a crime or the court lacks jurisdiction.

Demurrers must be filed in writing and are based on legal deficiencies in the charging document.


Bail Review at Arraignment

Arraignment is often the first time bail is formally addressed.

The judge may:

Release conditions may include:

If you are in custody, your attorney may request a bail reduction hearing.


What Is a 1275 Hold?

In certain cases, the prosecutor may request a hold under California Penal Code 1275.1.

A 1275 hold requires the court to determine whether bail funds come from a legitimate source.

This commonly arises in cases involving:

If a 1275 hold is imposed, a hearing will be scheduled to determine the source of bail funds.


Misdemeanor vs. Felony Arraignment

There are important differences.

Misdemeanor Cases

  • Attorney may appear without the defendant

  • Case typically set for pretrial conference

  • Early plea negotiations common

Felony Cases

Felony arraignments carry greater long-term consequences and require careful strategy.


Why Arraignment Strategy Matters

Although arraignment may seem routine, it can affect:

  • Bail status

  • Protective orders

  • Discovery timeline

  • Plea negotiations

  • Case trajectory

Early intervention by experienced defense counsel can influence outcomes at this critical stage.


Frequently Asked Questions About Arraignment in Los Angeles

Do I have to appear in person?

For felony cases, yes. For many misdemeanor cases, your attorney may appear under Penal Code 977(a).

Can I resolve my case at arraignment?

Yes, if a favorable plea offer is available and appropriate.

What if I cannot afford bail?

Your attorney may request release on your own recognizance or a bail reduction hearing.

What happens if I miss my arraignment?

A bench warrant may be issued for your arrest.

How long does an arraignment take?

Most arraignments last only a few minutes, but the legal consequences can be significant.


Contact a Los Angeles Criminal Defense Attorney

Arraignment is the starting point of your criminal case. The decisions made at this hearing can affect everything that follows.

If you are facing arraignment in Los Angeles County, experienced legal representation is essential.

Cron, Israels & Stark represents clients throughout Southern California, including Los Angeles and the San Fernando Valley. Contact our office for a confidential case evaluation and begin developing a strong defense strategy immediately.

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About the Author

Philip Israels
Philip Israels

Phil Israels was raised in California's Central Valley where he still has family. After graduating from the University of California at Berkeley where he was a member for Zeta Beta Tau fraternity and studied Economics, he continued his education...

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