What is an "Arraignment Hearing" in California?
An arraignment hearing is typically the first court hearing in a California criminal case where you are formally charged with a crime. The judge will also address issues of bail and restraining orders.
At this hearing, you will usually plead “not guilty,” but you can always change your plea later in the case. You can also hire an attorney to appear on your behalf for your misdemeanor arraignment in most cases.
However, in most felony cases, you need to appear personally at the arraignment hearing. A misdemeanor is a less serious crime, such as petty theft or public intoxication, while a felony is a more serious crime, such as murder or armed robbery.
The arraignment hearing is your opportunity to hear, in clear terms, the legal accusations being brought against you so you can understand them. Your attorney can help you understand the charges and assess whether they are valid, including determining if there may be grounds to challenge their validity.
The arraignment marks the beginning of the pretrial process, including plea negotiations, trial preparation, and a preliminary hearing in felony cases. Suppose you fail to show up to your arraignment. In that case, the court will likely issue a bench warrant for your arrest.
Simply put, if you're arrested for a crime in California, the arraignment hearing is not just a step, but the crucial first step you'll face. It's your initial court appearance, marking the beginning of the formal legal process to determine your guilt or innocence.
The judge plays a pivotal role during the arraignment. They not only determine bail and set future court dates but also ensure that the defendant understands their rights and the charges against them. Understanding what happens during this stage is crucial as it can help you prepare for what lies ahead. Note that several procedural motions can be made at an arraignment, ensuring a fair and just process.
Steps Taken at an Arraignment
As noted above, an arraignment hearing is the first court proceeding in the California criminal case process after an arrest. Criminal charges are filed by either the District Attorney's office (felonies) or the City Attorney's office (misdemeanors). Below are the steps taken during the arraignment:
- You will be formally charged with a crime.
- You will be told about the specific criminal charges that were filed against you.
- You will be advised of our Constitutional rights.
- Your attorney will argue against any pending orders that could apply to your case, such as a restraining order.
- You will enter an initial plea, which is typically "not guilty."
Other possible pleas include a former judgment of conviction or acquittal, double jeopardy (which means you cannot be tried for the same crime twice), or not guilty by reason of insanity. Understanding these legal concepts can help you make informed decisions during your arraignment.
There are two arraignment hearings in a felony case, including one at the start of criminal proceedings and the other after the preliminary hearing if the result of that hearing is to hold you to answer on the charges.
Suppose you committed a crime that requires you to remain in custody, you must be arraigned within 48 hours of your arrest, not including weekends and holidays. This is the maximum amount of time the prosecutors have to bring you before a judge.
The 48-hour rule applies to all offenses that require you to remain in custody, regardless of whether they are felonies or misdemeanors. Notably, however, most defendants are released following a misdemeanor arrest. When this occurs, the misdemeanor arraignment hearing typically does not occur for at least ten days after your arrest.
Types of Pleas
After the charges are read, you will be asked to enter a plea in response. You have three options, each with its implications. Understanding these options will empower you to make an informed decision:
- Not Guilty: Pleading not guilty signals your intention to refute the charges and proceed to trial, allowing your criminal defense attorney to challenge the evidence and negotiate with the prosecution on your behalf.
- Guilty: By pleading guilty, you are admitting to committing the crime as charged, typically leading to sentencing or further negotiation for a potential plea deal.
- No Contest (Nolo Contendere): Notably, a no-contest plea simply means you do not admit guilt but accept the charges without contesting them, which is often used to prevent the admission from being used against you in a related civil case.
Most defendants whose attorneys represent do not plead guilty or no contest during the arraignment phase. An experienced California criminal defense attorney can assess the evidence, advise you on effective legal strategies, and recommend the best course of action tailored to your specific circumstances.
Legal Rights at the Arraignment
The United States Constitution and the California Constitution guarantee legal rights during all criminal procedures. During your arraignment, the judge will advise you of the following:
- You have the right to be represented by an attorney.
- You have the right to be represented by a court-appointed public defender if you can't afford a lawyer.
- You have the right against self-incrimination.
- You have the right to a speedy trial, which is enforceable through a Serna or speedy trial motion.
- You have the right to a trial by jury, and
- You have the right to produce and confront witnesses.
Terms of Release
After the criminal charges are read and your plea is entered, the judge will determine the conditions of your release, if any, while the case is ongoing. This involves assessing whether you will need to post bail or be released on your own recognizance (O.R.). Let's review below:
- Bail: Bail is an amount of money paid as a financial guarantee that you will return for future court appearances. The judge will consider several factors when setting bail, including the severity of the charges, your criminal history, and whether you pose a flight risk or a danger to the community. Sometimes, your attorney may file a request for a reduction or argue for alternative arrangements.
- Release on O.R.: Being released on your own recognizance means you are allowed to be released from custody without needing to pay bail, but you must first sign a written promise to appear at all scheduled court dates. Judges will likely order an O.R. release for defendants with strong ties to the community and no prior record.
Suppose the judge decides not to release you. In that case, your attorney can request a separate hearing to challenge the bail amount or present a stronger case for release.
Bail is money that the court requires you to pay in order to ensure your court appearances. The amount of bail varies depending on the nature of the crime. A county bail schedule sets forth the amount of bail for each type of crime.
Suppose you do not obtain an O.R. release and cannot afford to bail out. In that case, California law requires that you be released unless there is clear and convincing evidence that detaining you is necessary to protect public safety.
In Los Angeles, most arrestees are automatically released on their own recognizance (O.R.) unless they are involved in cases involving serious or violent felonies.
Unreasonable Delays
Suppose there is an unreasonable delay between your arrest and your arraignment. In that case, the delay can be considered an unlawful detention. This type of police misconduct may entitle you to civil damages from the law enforcement agency for violating California's false imprisonment law.
However, unlawful detention will not normally result in a dismissal of the case, unless the following applies:
- You can prove that the delay deprived you of a fair trial, or
- The delay caused you to suffer prejudice or unfair injury.
Suppose you are arraigned on a felony complaint that does not require you to remain in custody. In that case, you must be arraigned “without unnecessary delay.” Notably, however, if you are out of custody, it might be several weeks or even months before your arraignment.
Do You Have to Appear in Court?
If you were arrested for a felony crime, you must appear in person at your arraignment hearing and most other proceedings. Notably, some exceptions allow you to appear via a two-way video conference (also known as a video court), or excuse your presence if you execute a written waiver and the judge accepts it.
Suppose you were arrested for a misdemeanor crime. In that case, you can typically have your attorney appear on your behalf unless your charge is for domestic violence, violations of a protective order, and aggravated crimes related to driving under the influence (DUI), such as Vehicle Code 23153 VC, DUI causing injury law, or Penal Code 191.5(b) PC vehicular manslaughter while intoxicated law.
You will most likely leave the arraignment hearing with a copy of the formal complaint that prosecutors filed against you, possibly a copy of the police report on your case, and possibly the prosecutor's offer to resolve your case.
Suppose you or your attorney fails to appear (FTA). In that case, the judge will typically issue a bench warrant that allows law enforcement officers to arrest you and bring you directly to court. Failing to appear in a felony case can result in a separate felony charge, whereas failing to appear in a misdemeanor case constitutes a misdemeanor offense.
How a Defense Attorney Can Help You
You should contact a California criminal defense attorney as soon as possible after your arrest and before your arraignment. Once you retain representation, you can work with your lawyer to examine all the evidence in your case to understand the criminal charges filed against you.
This evidence may include the arrest report, a police officer's notes from the arrest, the names and statements of any witnesses to the alleged crime, any documentary evidence referenced by the district attorney, and any physical evidence.
If a judge does not dismiss the charges filed against you during the arraignment, the case enters the pretrial phase, which includes all the stages that occur prior to your jury trial. These stages can include:
- Attorneys filing motions with the court, or
- Requests for the judge to take desired actions,
- Discovery issues, where both sides exchange relevant evidence,
- Plea bargains or plea negotiations.
While the arraignment seems like a formality, you shouldn't underestimate its importance. Without qualified legal counsel, you run a higher risk of incriminating yourself.
Our criminal defense attorneys can provide the guidance and advocacy needed during your arraignment to ensure your rights are protected and improve your chances for a favorable outcome.
In certain cases, you could request a deferred entry of judgment (DEJ) under Penal Code 1000 PC. This is a diversion program that allows you to abide by specific terms and conditions, which, upon completion, entitle you to have the charges dismissed. Deferred entry of judgment most commonly applies to certain drug offenses.
DEJ can also apply to some cases involving child abuse or neglect under Penal Code 272 PC, contributing to the delinquency of a minor, and bad check forgery cases under Penal Code 470 PC. For more information, contact our Los Angeles criminal defense law firm, Cron, Israels & Stark.
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