In Los Angeles, the arraignment is not just a mere formality, but the pivotal first official court appearance before a judge. It's the moment when the defendant is presented with the charges and must enter a plea to those charges. Following the plea, the judge sets the next court date and determines the bail for the defendant, taking into account the criminal charges. This arraignment, a critical stage in the proceedings, should be handled by your chosen criminal lawyer, emphasizing its profound significance.

There is usually no negotiating for felony criminal charges at the arraignment, and a new court date is typically set to give the defendant and their attorney an opportunity to review the police report, discuss the case, conduct any necessary investigation, and make a strategic decision on how to proceed with the case.

In misdemeanor cases, the prosecution and defense often negotiate for resolution. This is particularly common when the defendant is in custody, lacks a strong defense, and seeks a deal for release. Here, the attorney's role in negotiation is not only crucial but also indispensable, providing you with the reassurance that your case is in capable hands.

In some courthouses, the arraignment court is also used to resolve criminal cases. The defendant can either continue the arraignment or enter a not-guilty plea and set the next court date for the early disposition program of that particular court.

If the case is resolved at the next court date, a probation report will be ordered, and the prosecutor will be ready to negotiate at that date. Knowing the specific court system and how cases are handled is crucial knowledge that your attorney must possess.

Do You Need a Lawyer at the Arraignment? 

In all felony and misdemeanor cases, a criminal defendant will need an attorney to represent them throughout the entire case. Even though most courts allow a person to express themselves, judges typically discourage individuals from representing themselves and suggest that they hire an attorney.

The court will usually grant the person some time to hire an attorney, as this right is of such importance. People who are unfamiliar with the process can cause problems in court, slow things down, and increase the workload for everyone involved. Not having an attorney can lead to misunderstandings, delays, and potentially unfavorable outcomes.

If a defendant at an arraignment says they can not afford an attorney, they can apply to see if they qualify to be represented by the Public Defender. If the person qualifies, then a Deputy Public Defender will be appointed to the case and take over the defendant's representation. Sometimes, the court may still require the person to pay for the PD's representation, but the fee will not be excessively high, and it will certainly not prevent the attorney from performing their job.

In my opinion, you are at a significant advantage in a criminal case if you hire a private attorney. The personal attorney will usually have more time to handle your case and make the moves that will get you the best possible result. Even at the arraignment, having your attorney can give you an advantage, empowering you in your legal battle. The advantage of a private attorney lies in their ability to dedicate more time and resources to your case, potentially leading to a more favorable outcome. This decision is not just beneficial, but necessary for your case.

Your attorney will usually go before the court armed with all of the information necessary to correctly argue your bail and get you released on your recognizance or set a bail that you may be able to post. Further, the best private criminal defense attorneys will begin figuring out how your case should be dealt with right from the beginning. Arraignment is a crucial initial step in any criminal matter.