Arraignment Hearings in California

What to Expect During Arraignment

If you're charged with a crime in California, one of the first and most important steps you'll face is your arraignment. The arraignment is your initial appearance in court following criminal charges, and it marks the beginning of the formal legal process to determine your guilt or innocence.

Understanding what happens during this stage is crucial, but it's also empowering. It can help you take control of the situation and prepare for what lies ahead. Let's delve into the key things that happen during an arraignment hearing, empowering you with the knowledge you need to navigate this process.

An arraignment is the first court hearing in a criminal case where you are formally charged with a crime and advised of your rights.

Simply put, in a California arraignment, the defendant is formally informed of the charges, advised of their constitutional rights, and given the opportunity to enter a plea.

The judge, a key figure in this process, will not only inform you of the charges and your rights but also determine bail, set future court dates, and may appoint an attorney if you cannot afford one.

This ensures a fair and orderly process, marking the official beginning of the process of determining guilt or innocence. The judge's decisions during the arraignment can significantly impact your case, making it crucial to understand their role.

At your arraignment, you will likely plead "not guilty," but remember, you can always change your plea later. This flexibility ensures that you can make the best decision for your case, giving you a sense of control and the knowledge that you have options. In most cases, you can hire an attorney to represent you at your misdemeanor arraignment, providing you with the support and guidance you need during this challenging time.

The arraignment starts the pretrial process, which includes plea negotiations, trial preparation, and a preliminary hearing in felony cases. If you forget to show up to your arraignment, the court can issue a bench warrant for your arrest.

What is an Arraignment Hearing?

An arraignment hearing is the first formal court proceeding in the California criminal law process after an arrest and the filing of criminal charges by the District Attorney's office or City Attorney's office. Here are the steps taken during the arraignment:

You will be formally charged with a crime,
You will be told about the specific charges against you,
You will be advised of our Constitutional rights,
Your attorney will argue against any pending orders that might apply to your case, such as a restraining order,
You will enter an initial plea, which is typically guilty, not guilty, or no contest (nolo contendere).

At the arraignment, you have the opportunity to make various pleas. These include a former judgment of conviction or acquittal, which means you cannot be tried again for the same crime, a concept known as 'double jeopardy'. Upon request, the judge must continue the arraignment for a reasonable amount of time.

There are actually two arraignment hearings in a felony case. One occurs at the start of criminal proceedings. The second happens after the preliminary hearing if the result of that hearing is to hold you to answer on the charges.

If you committed an offense that requires you to remain in 'custody,' you must be arraigned within 48 hours of your arrest, not including weekends and holidays. This timeframe establishes the maximum amount of time the prosecutors have to bring you before a judge.

The 48-hour rule applies to all crimes that require you to remain in custody, regardless of whether they are felonies or misdemeanors. However, most defendants are released following a misdemeanor arrest.

When this occurs, the misdemeanor arraignment hearing generally does not take place for at least ten days following your arrest.

Legal Rights at the Hearing

The United States Constitution and the California Constitution give you a variety of rights during all criminal procedures. During your arraignment, the judge will advise you of these Constitutional rights, such as the following:

The right to be represented by an attorney,
The right against self-incrimination,
The right to a speedy trial, enforceable through a Serna or speedy trial motion.
The right to a trial by jury, and
The right to produce and confront witnesses.

The Charges Against You Are Read

The arraignment hearing takes place once the District Attorney's office or the City Attorney's office has filed formal charges against you. You can be charged with a felony, a serious crime punishable by imprisonment for more than a year, or a misdemeanor, a less serious offense punishable by up to one year in county jail.

First and foremost, the court will formally inform you of the charges you're facing. This is your opportunity to hear, in clear terms, the legal accusations being brought against you so you can understand them.

The idea is that you must understand the charges to craft a sound defense. As noted above, at this stage, the court is also required to inform you of your rights. These include:

Your Right to Counsel: You have the right to retain an attorney to defend you, and if you cannot afford one, the court will appoint a public defender on your behalf.
Your Right Against Self-Incrimination: You cannot be compelled to testify against yourself at any point in the legal process.
Your Right to a Fair, Public, and Speedy Trial: You are entitled to a trial by jury where evidence and witnesses can be presented.

Your attorney can help you comprehend the charges and evaluate whether they are legally valid, including determining if there may be grounds to challenge their basis.

You Enter a Plea

After the charges are read, you will be asked to enter a plea in response. You have three options, each with its implications:

Guilty: By pleading guilty, you admit to committing the crime as charged, which typically leads to sentencing or further negotiation for a potential plea deal.
Not Guilty: Pleading not guilty asserts your intention to refute the charges and proceed to trial. This plea allows your attorney to challenge the evidence and negotiate with the prosecution on your behalf.
No Contest (Nolo Contendere): A no-contest plea means you do not admit guilt but accept the charges without contesting them. This plea is often used to prevent the admission from being used against you in a related civil case.

It's worth noting that your decision here can influence the direction of your entire case. This is where an experienced California criminal defense attorney becomes invaluable. They can assess the evidence, advise you on legal strategies, and recommend the best course of action based on your circumstances.

The Terms of Release Are Set

Once the charges are addressed and your plea is entered, the judge will determine the conditions of your release, if any, while the case is ongoing. This decision typically involves assessing whether you will need to post bail or be released on your own recognizance (O.R.).

Bail: Bail is an amount of money paid to the court 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're a flight risk. If bail is set too high, 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're allowed to leave custody without needing to pay bail. However, you must sign a written promise to appear at all scheduled court dates. Judges are more likely to consider O.R. release for individuals with strong ties to the community and no prior record.

If the court decides not to release you, your attorney can request a separate bail hearing to challenge the bail amount or present a stronger case for release.

Can a Lawyer Appear on My Behalf?

If you were arrested for a felony in California, you typically must appear in person at your arraignment hearing and most other proceedings. Some exceptions allow you to appear via a two-way video conference (video court), or excuse your presence altogether if you execute a written waiver, and the judge accepts your waiver.

If you were arrested for a misdemeanor, you are typically allowed to have your attorney appear on your behalf unless your are charged with any of the following crimes:

Domestic violence charges,
Violations of a protective order, and
Aggravated offenses involving 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.

If you or your attorney fails to appear (FTA), the court will typically issue a California bench warrant. This authorizes law enforcement officers to arrest you and bring you directly to court.

Failing to appear in a felony case may lead to a separate felony charge, while failing to appear in a misdemeanor case is a misdemeanor offense.

How a Defense Attorney Can Help

While the arraignment may seem like little more than a formality, you shouldn't underestimate its importance. Even small missteps early in the process, either by you or by the court, can have long-term consequences for your case.

Without proper legal counsel, you run a greater risk of incriminating yourself, for example. Likewise, if the court fails to follow arraignment procedures precisely, it can result in an infringement of your rights and affect the fairness of your trial.

A skilled criminal defense attorney 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 can request a deferred entry of judgment under Penal Code 1000 PC. This is a diversion program allowing you to follow certain terms and conditions that, once completed, entitle you to a dismissal of the charges.

Deferred entry of judgment mostly applies to certain drug offenses. However, it can also apply in some cases involving child abuse or neglect under Penal Code 272 PC, contributing to a minor's delinquency, and bad check forgery cases under Penal Code 470 PC. For more information, contact our criminal defense law firm, Eisner Gorin LLP, located in Los Angeles.

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