An arraignment is typically the first court appearance in a California criminal case. It is the stage where a defendant appears before a judge, is formally advised of the charges, and enters an initial plea.

Although it may seem procedural, an arraignment is an important step in the criminal court process. 

Bail can be reviewed, plea options are considered, and future court dates are set.

If you or a loved one has an upcoming arraignment in Los Angeles or anywhere in California, understanding what happens at this hearing can help you prepare.

Your best hope for a favorable outcome is with an experienced criminal defense attorney at Eisner Gorin LLP.

To schedule a consultation, call (818) 781-1570 or contact us here.

---

What Is an Arraignment?

An arraignment is the first formal appearance in criminal court after charges have been filed.

At the arraignment, the court will:

• Inform the defendant of the criminal charges

• Advise the defendant of constitutional rights

• Provide a copy of the complaint

• Address bail or release conditions

• Ask the defendant to enter a plea

If the defendant pleads not guilty, the case proceeds to the next stage.

---

When Does an Arraignment Occur?

If a person is arrested and remains in custody, they must be brought before a judge within 48 hours, excluding weekends and holidays.

If someone is released after arrest, they will be given a future court date for arraignment.

In felony cases, the defendant must usually appear personally at the arraignment.

In misdemeanor cases, an attorney may often appear on the defendant's behalf under Penal Code 977(a), though exceptions exist for certain offenses, such as domestic violence.

---

What Happens at an Arraignment?

Reading of Charges and Rights

The judge advises the defendant of:

• The charges filed

• The right to counsel

• The right to a jury trial

• The right to remain silent

In most cases, when represented by counsel, defendants waive formal reading of the complaint to streamline the process.

---

Entering a Plea

At arraignment, a defendant has three primary options:

• Not guilty

• Guilty

• Demurrer

Most defendants enter a not guilty plea to preserve their rights and allow further review of the case.

---

Plea Options Explained

Not Guilty

This is the most common plea at arraignment.

After entering a not guilty plea:

• Misdemeanor cases are set for pretrial or early disposition

• Felony cases are set for a preliminary hearing or early resolution

A not guilty plea also allows the defense to request additional discovery from the prosecution.

---

Guilty

A defendant may plead guilty at arraignment.

This usually occurs only if:

• The prosecution has offered an exceptionally favorable “arraignment-only” plea deal

• The defendant chooses to resolve the case immediately

Judges sometimes allow a brief continuance so the defendant can review the offer with counsel.

---

Demurrer

A demurrer challenges the legal sufficiency of the charging document.

It argues that:

• Even if the alleged facts are true, the charge is legally defective

• The court lacks jurisdiction

• The statute is unconstitutional

• The conduct occurred outside the prosecuting agency's authority

Demurrers must be filed in writing and may require a continuance of the arraignment date.

---

Bail at Arraignment

Arraignment is often the first opportunity to address bail.

Either side may request:

• A reduction in bail

• An increase in bail

• Release on own recognizance

• Additional release conditions

In some cases, the prosecution may request a hold under Penal Code 1275.1 if there is probable cause to believe bail funds were derived from criminal activity.

A 1275 hold is common in cases involving:

• Drug sales

• Embezzlement

• Extortion

• Grand theft

• White collar crimes

If invoked, the court will hold a hearing to determine whether bail funds are legitimate.

---

Arraignment in Felony Cases

Felony cases may involve two arraignments:

• The initial arraignment after charges are filed

• A second arraignment after a preliminary hearing if the defendant is held to answer

At the preliminary hearing, the prosecution must show there is sufficient evidence to proceed to trial.

---

Why Arraignment Is Important

Although brief, an arraignment can significantly impact your case.

Important issues addressed include:

• Bail status

• Protective orders

• Plea negotiations

• Filing of demurrers

• Discovery rights

Early legal strategy often begins at arraignment.

---

Frequently Asked Questions

Do I have to appear at arraignment?

For felony cases, yes. For many misdemeanors, your attorney may appear for you, depending on the charge.

Can bail be reduced at arraignment?

Yes. Bail reduction requests are commonly made at this hearing.

Should I plead guilty at arraignment?

In most cases, defendants enter a not guilty plea to preserve their rights and review the evidence before making a decision.

What happens if I miss my arraignment?

The court may issue a bench warrant for your arrest.

---

Speak With a California Criminal Defense Attorney

Arraignment marks the beginning of the formal court process. Decisions made at this stage can affect bail, plea negotiations, and future court proceedings.

If you or a family member has an arraignment scheduled in Los Angeles County or elsewhere in Southern California, consult with an experienced criminal defense attorney immediately.

Proper preparation before arraignment can protect your rights and position your case for the best possible outcome.

Eisner Gorin LLP is here to help. Schedule your consultation by calling (818) 781-1570 or using the contact form. Our law firm is based in Los Angeles.