An arraignment is the first formal court appearance in a California criminal case. During this hearing, the defendant appears before a judge, is informed of the criminal charges, and enters a plea.
In Los Angeles and throughout California, arraignments typically occur shortly after an arrest or after a criminal complaint is filed.
This hearing also allows the judge to address important issues such as bail, release conditions, and scheduling future court dates.
Although an arraignment may seem brief, it is a critical stage of the criminal process because it sets the tone for the entire case. Having an experienced criminal defense attorney present can make a significant difference in how the case proceeds.
For the best chance of a positive outcome, contact an experienced California criminal defense attorney at the Hedding Law Firm. To schedule a consultation, call (866) 986-2092 or use the contact form provided here.
What Is an Arraignment in California?
An arraignment is the first step in the court process, during which the judge formally informs the defendant of the charges and asks them to enter a plea.
At an arraignment hearing, the court will typically:
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read or summarize the criminal charges
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advise the defendant of their constitutional rights
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ask the defendant to enter a plea (guilty, not guilty, or no contest)
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set the next court date
In most cases, defendants enter a not guilty plea, allowing their attorney time to review the evidence and prepare a defense.
When Does an Arraignment Occur?
In California, an arraignment usually occurs:
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within 48 hours of arrest if the defendant is in custody, or
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after a criminal complaint is filed, if the defendant is not in custody
The hearing is typically held in the same courthouse where the criminal charges were filed.
What Happens During the Arraignment Hearing?
Although the process is usually brief, several important steps occur during the arraignment.
The Judge Announces the Charges
The judge informs the defendant of the charges filed by the prosecutor. These charges are typically listed in a document called a criminal complaint.
The Defendant Is Advised of Their Rights
The court advises the defendant of important constitutional rights, including:
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the right to an attorney
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the right to remain silent
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the right to a jury trial
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the right to confront witnesses
The Defendant Enters a Plea
The judge asks the defendant how they wish to plead to the charges.
Possible pleas include:
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guilty
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not guilty
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no contest
Most defense attorneys recommend entering a not guilty plea so the case can proceed to the next stage.
Bail Is Addressed
If the defendant is in custody, the judge will determine whether to:
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release the defendant on their own recognizance (OR release)
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set bail
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modify existing bail conditions
The judge considers several factors when determining bail, including the seriousness of the charges and the defendant's criminal history.
The Next Court Date Is Scheduled
After the plea is entered, the court schedules the next hearing. This may include:
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a pretrial hearing
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a readiness hearing
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a preliminary hearing (for felony cases)
This gives the defense attorney time to review the evidence and investigate the case.
Arraignments in Felony vs. Misdemeanor Cases
Felony Arraignments
Felony cases usually involve more complex procedures. After arraignment, the next step is often a preliminary hearing, where the judge determines whether there is sufficient evidence to proceed to trial.
Negotiations typically do not occur at the arraignment stage in felony cases.
Misdemeanor Arraignments
Misdemeanor cases sometimes resolve more quickly. In some courts, attorneys may begin negotiating with prosecutors during or shortly after the arraignment.
However, many defendants still enter a not guilty plea so their attorney can review the evidence first.
Do You Need a Lawyer at an Arraignment?
Yes. Having a California criminal defense attorney at the arraignment is strongly recommended.
Although defendants technically have the right to represent themselves, judges generally discourage this because criminal law is complex.
An experienced attorney can help by:
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reviewing the charges and evidence
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arguing for lower bail or release
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advising on the best plea to enter
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beginning negotiations with the prosecutor
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preparing a defense strategy
If a defendant cannot afford an attorney, the court may appoint a Public Defender to represent them.
Why Hiring a Private Criminal Defense Lawyer Can Help
Private criminal defense attorneys often have more time and resources to dedicate to a case compared to public defenders who handle large caseloads.
A private attorney may be able to:
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investigate the case early
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negotiate with prosecutors sooner
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challenge evidence
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develop stronger defense strategies
Early legal representation can significantly influence how a case progresses.
Related California Criminal Procedures
Several stages of the criminal justice process occur after an arraignment.
Preliminary Hearing
In felony cases, a preliminary hearing determines whether there is sufficient evidence for the case to move forward.
Bail Hearings
A bail hearing allows a judge to determine whether the defendant should be released while the case is pending.
Pretrial Hearings
Pretrial hearings allow attorneys to file motions, review evidence, and negotiate potential case resolutions.
Criminal Trial
If a case is not resolved through dismissal or negotiation, it may proceed to a jury trial where the prosecution must prove guilt beyond a reasonable doubt.
Frequently Asked Questions
What is the purpose of an arraignment in California?
The purpose of an arraignment is to formally inform the defendant of the charges, advise them of their rights, and ask them to enter a plea.
Can a case be resolved at the arraignment?
Sometimes. Misdemeanor cases may occasionally resolve at arraignment, but felony cases usually proceed to additional hearings before a resolution.
What plea should someone enter at an arraignment?
Most defendants enter a not guilty plea at the arraignment so their attorney has time to review the evidence and prepare a defense.
Can bail be reduced at an arraignment?
Yes. A defense attorney may argue for reduced bail or request release on the defendant's own recognizance.
What happens if someone misses their arraignment?
Missing a scheduled court appearance can result in a bench warrant being issued for the defendant's arrest.
How long does an arraignment take?
Most arraignment hearings last only a few minutes, though the wait in court may be longer depending on the court's schedule.
Protecting Your Rights After Being Charged
An arraignment marks the beginning of the criminal court process. Decisions made at this early stage can affect the entire case.
If you are facing criminal charges in California, speaking with a knowledgeable criminal defense attorney before or immediately after the arraignment can help protect your rights and guide your defense strategy.
The Hedding Law Firm is ready to assist you. Book your consultation today. We are located in Los Angeles, CA.
