What Happens at an Arraignment in California?
If you have been arrested or charged with a crime in California, your arraignment is usually one of the first court dates you will attend. Walking into a criminal courtroom can be an intimidating thing, particularly if you have never been involved with the justice system before. Knowing what happens at an arraignment hearing can make the process easier to understand and help you prepare for what happens next.
An arraignment hearing is typically the first formal court appearance. You will be informed of the criminal charges against you, advised of your constitutional rights, and then asked to enter a plea. The judge might also address possible bail or other conditions of release and schedule future court dates.
Although an arraignment is an early step in a criminal case, decisions made at this stage can have important consequences. If you're facing criminal charges in Sacramento or elsewhere in California, keep reading to know what to expect:
What Is an Arraignment?
An arraignment is a defendant's formal court appearance before the court after criminal charges have been filed. Before the arraignment date, the prosecutor generally reviews information from law enforcement and determines whether to file charges. If they do file, they also need to determine what charges to pursue. The charges are generally listed in a document called a complaint.
At the arraignment hearing, the defendant learns about what charges have been filed against them. The court also explains important constitutional rights and asks the defendant to enter a plea. Generally, this is either not-guilty, guilty, or no contest.
Though it might take place in the courtroom, it's not a trial. Witnesses do not generally testify, and the prosecutors won't be showcasing the alleged victim. Instead, its more of like a pretrial conference to discuss the basics, and then the case proceeds into the next court date, whenever that may be.
What Rights Are Explained at an Arraignment Hearing?
Defendants in California have important constitutional rights throughout a criminal case. At the arraignment, the judge will advise you of those rights.
These include the right to:
Be represented by an attorney
Remain silent
Have a speedy and public trial
Have a jury trial
Confront and cross-examine witnesses
Compel witnesses to appear on your behalf
If you cannot afford a great criminal defense attorney in Sacramento CA, you generally have the right to have one appointed by the court. The court must also provide an interpreter at no cost if a defendant doesn't understand English well enough to participate in the proceedings.
Understanding these rights is important before making decisions that could affect the remainder of your case.
Do You Enter a Plea at the Arraignment?
Yes. One of the primary purposes of the arraignment hearing is to ask the defendant how they plead to the charges. The most common are:
Not Guilty
If you plead not guilty, it means you are contesting the charges and requiring the prosecution to prove its case beyond a reasonable doubt. The case moves through the criminal court process at this point.
Pleading not guilty doesn't necessarily mean the case will ultimately go to trial, however. Many criminal cases are resolved through negotiations, motions, dismissals, or other proceedings.
Guilty
If you plead guilty, you are admitting to committing the offense you are charged with. Depending on the circumstances, sentencing could occur immediately, or there could be a scheduled court date for sentencing in the future.
Because a criminal conviction can have significant consequences, you should understand the implications before entering a guilty plea.
No Contest
You can also choose to enter a no contest plea. Also known as nolo contendere, it means you are not contesting the charge. For a criminal case, it typically has the same effect as a guilty plea.
A defendant should discuss the potential consequences of any plea with a criminal defense attorney before deciding how to proceed. They can also answer question such as do you get bail money back?
Do You Need a Defense Attorney at an Arraignment?
You have the right to legal representation in a criminal case, and having a criminal defense lawyer at the arraignment hearing could be very important. They can also explain what bail jumping is.
If you have already hired an attorney, your lawyer will appear with you at the arraignment hearing and handle most aspects of it. If you cannot afford an attorney, the court will appoint a public defender to your case.
What Happens With Bail at the Arraignment?
If you are in custody when you appear for your arraignment, the judge may decide to to release you or keep you in custody while the case is pending.
Depending on the circumstances, the court may:
Release you on your own recognizance
Release you subject to conditions or supervision
Set monetary bail
Modify an existing bail amount
Order detention without bail when legally permitted
When making decisions like this, California courts often consider factors like public safety and whether or not the defendant is likely to return for future court dates.
If the defendant is not a flight risk, if the judge believes they will appear for future court appearances, and they otherwise meet the requirements, bail is often given.
Will the Prosecutor Offer a Plea Deal at the Arraignment?
Possibly, but not always.
In some cases, prosecutors may make an early plea offer. However, accepting a plea agreement at the first court appearance is not necessarily the best option.
A defense attorney may need time to review police reports, body-camera footage, witness statements, photographs, forensic evidence, or other information before determining the strength of the prosecution's case.
After the arraignment, the prosecution and defense generally exchange information through the discovery process. Once the defense has had an opportunity to evaluate the evidence, an attorney may be in a better position to identify weaknesses in the case and determine whether negotiations make sense.
The decision to accept or reject a plea offer ultimately belongs to the defendant.
What Happens After a Not Guilty Plea?
If you plead not guilty, the court will schedule additional proceedings.
The next step depends partly on whether you are facing misdemeanor or felony charges.
In a misdemeanor case, the court will generally schedule a pretrial or settlement conference. During the pretrial stage, the attorneys may exchange evidence, file motions, discuss possible resolutions, and prepare for trial if the case cannot be resolved.
Felony cases generally involve a preliminary hearing. At that hearing, the prosecution presents evidence to establish whether there is sufficient cause for the defendant to be held to answer on felony charges.
If the judge determines there is sufficient evidence, the prosecution files a document called an information, and the defendant is arraigned again on those charges before the case proceeds toward trial.
How Soon Does a Case Go to Trial After Arraignment?
California criminal defendants have a constitutional and statutory right to a speedy trial.
Generally, in a misdemeanor case, a defendant who is in custody has the right to have the trial begin within 30 days of the arraignment or plea, while a defendant who is not in custody generally has a 45-day deadline.
Felony cases have different procedures. A defendant generally has the right to a preliminary hearing within specified deadlines following the arraignment or plea. If the defendant is held to answer and an information is subsequently filed, additional deadlines apply to the felony trial.
However, defendants can waive these time requirements. This is commonly called "waiving time."
There can be strategic reasons for doing so, such as giving the defense additional time to investigate the allegations, obtain evidence, consult experts, or prepare motions. A defendant should discuss the advantages and disadvantages with an attorney before waiving speedy-trial rights.
Do You Have to Attend the Arraignment in Person?
Whether you must personally appear can depend on the type of charge and the circumstances of the case.
California law allows attorneys to appear for defendants without the defendant being personally present in some misdemeanor cases, although there are exceptions and situations where the court requires the defendant's appearance. Felony cases generally have stricter appearance requirements.
You should never assume you can skip an arraignment simply because you have hired an attorney.
Your lawyer can tell you whether your presence is required and what you should expect at the hearing.
Failing to appear when required can result in serious consequences, potentially including a bench warrant for your arrest.
Preparing for Your First Court Appearance
An arraignment may seem like a relatively brief court hearing, but it marks an important stage in a California criminal case. You'll learn the charges against you, enter a plea, address bail or release conditions when necessary, and receive information about what happens next.
What you should not do is treat the arraignment as an unimportant formality. Decisions involving your plea, bail, protective orders, and speedy-trial rights can affect how the rest of the case unfolds.
If you've been charged with a crime in Sacramento or elsewhere in California, Goss Law can represent you at your arraignment and throughout the criminal process. An experienced criminal defense attorney can review the charges, protect your constitutional rights, challenge the prosecution's evidence, and help you make informed decisions from your first court appearance through the resolution of your case.