The arraignment is the first formal court appearance after an arrest in California. It is the moment the criminal case officially begins in court, and what happens at this hearing can shape the entire direction of your case. Despite its importance, most people have no idea what to expect at an arraignment or how much an attorney can accomplish at this stage.
At My Rights Law, we believe the arraignment is one of the most critical hearings in any criminal case. Our attorneys prepare before the arraignment so we are ready to fight for reduced bail, OR release, and favorable conditions the moment your case is called. If you or a loved one has been arrested, call us at (888) 702-8845 for a free, confidential consultation. We are available 24/7 and can begin working on your case immediately.
An arraignment is a court hearing where the defendant is formally advised of the criminal charges against them and asked to enter a plea. It is the first time the defendant appears before a judge after being arrested and charged. Under California Penal Code Section 825, a person arrested without a warrant must be brought before a judge for arraignment within 48 hours of arrest, excluding Sundays and holidays.
The arraignment serves several important purposes:
For misdemeanors, the arraignment may be the only pretrial hearing before the case proceeds to trial or resolution. For felonies, the arraignment is followed by a preliminary hearing where the prosecution must show probable cause that a crime was committed.
The judge or court clerk reads the criminal complaint, which lists the specific charges and the Penal Code sections the defendant is accused of violating. In practice, the defendant and their attorney usually waive the formal reading of charges because they have already reviewed the complaint. The defense attorney will have obtained a copy of the complaint before the hearing and reviewed it with the client.
The judge advises the defendant of their constitutional rights, including:
The defendant must enter one of three pleas:
Not guilty. This is the most common plea at arraignment and the one a defense attorney will almost always recommend. A not guilty plea does not mean the defendant is claiming innocence. It simply preserves all of the defendant's rights and gives the defense team time to investigate the case, review evidence, file motions, and negotiate with the prosecution. Entering a not guilty plea keeps every option open.
Guilty. A guilty plea means the defendant admits to the charges. Under the U.S. Supreme Court's ruling in Boykin v. Alabama (1969), a guilty plea must be knowing, intelligent, and voluntary. The judge must confirm on the record that the defendant understands the rights they are waiving. The judge will then proceed to sentencing. Pleading guilty at the arraignment is almost never advisable because the defense has not yet had time to review the evidence, investigate the facts, or negotiate with the prosecution. There is rarely any benefit to pleading guilty this early.
No contest (nolo contendere). A no contest plea has the same effect as a guilty plea for criminal sentencing purposes, but it cannot be used as an admission of liability in a related civil lawsuit. This is distinct from the Alford plea, recognized by the U.S. Supreme Court in North Carolina v. Alford (1970), where a defendant maintains innocence while acknowledging that the evidence would likely lead to a conviction. A no contest plea may be appropriate in certain situations but should only be entered on the advice of an attorney.
In the vast majority of cases, the correct plea at arraignment is not guilty. Your attorney can always negotiate a plea agreement later if that becomes the best strategy, but entering not guilty at arraignment preserves every option and puts no pressure on the defense.
The arraignment is the first opportunity for the judge to review and adjust bail. The judge can:
This is where having a defense attorney makes the biggest difference. An attorney who has prepared bail arguments before the arraignment can present evidence of community ties, employment, family responsibilities, and other factors that support reduced bail or OR release. Without an attorney, the defendant is left to accept whatever bail amount was set during booking.
For a detailed explanation of bail types, amounts, and strategies, see our page on How Bail Works in California.
In cases involving domestic violence, assault, threats, or other offenses against a specific victim, the judge may issue a criminal protective order (also called a stay-away order or restraining order) at the arraignment. This order can require the defendant to:
Violating a criminal protective order is a separate crime under California Penal Code Section 166 and can result in additional charges, bail revocation, and re-arrest. A defense attorney can argue for a less restrictive protective order at the arraignment, such as a "peaceful contact" order that allows the defendant to have non-threatening contact with the alleged victim. This is especially important in domestic violence cases where the defendant and alleged victim share a home or children.
At or shortly after the arraignment, the prosecution is required to provide the defense with initial discovery. Under the U.S. Supreme Court's landmark ruling in Brady v. Maryland (1963), the prosecution has a constitutional obligation to disclose all material exculpatory evidence to the defense, meaning any evidence that could help prove the defendant's innocence or reduce the severity of the charges. Discovery includes the evidence the prosecution intends to use, such as police reports, witness statements, body camera footage, lab results, and other materials. The defense attorney reviews this evidence to identify weaknesses in the prosecution's case, prepare motions to suppress evidence under Penal Code Section 1538.5, and begin building a defense strategy.
At the end of the arraignment, the judge schedules the next court date. For misdemeanors, this is typically a pretrial conference or readiness hearing, usually set 30 to 45 days out. For felonies, the next date is the preliminary hearing under Penal Code Section 859, which must be held within 10 court days (Penal Code Section 859b) of the arraignment (unless the defense waives time). The preliminary hearing is where the prosecution must present enough evidence to show probable cause that the defendant committed the crime.
The arraignment process differs depending on whether the charges are felonies or misdemeanors.
For misdemeanor charges, the arraignment is straightforward. The defendant is advised of the charges, enters a plea, and the judge sets bail and conditions of release. In many misdemeanor cases, the defendant can have their attorney appear on their behalf without being personally present in court (under California Penal Code Section 977). This is a significant advantage because it means the defendant does not have to miss work, arrange childcare, or travel to the courthouse.
After the arraignment, the case proceeds to pretrial conferences where the defense and prosecution negotiate potential resolutions. If no agreement is reached, the case goes to trial.
Felony arraignments are more serious and require the defendant to be present in court. After the not guilty plea is entered, the next step is the preliminary hearing, which must occur within 10 court days. At the preliminary hearing, a judge (not a jury) determines whether there is probable cause to believe the defendant committed the crime. If probable cause is found, the case is "held to answer" and proceeds to the Superior Court for a second arraignment (called an arraignment on the information) and then to trial.
The preliminary hearing is a critical stage in felony cases. A skilled defense attorney can cross-examine prosecution witnesses, challenge the evidence, and sometimes get charges reduced or dismissed at this stage.
Many people assume that the arraignment is just a formality. It is not. Under the Sixth Amendment right to counsel and the Fourteenth Amendment due process clause, the arraignment is one of the most important hearings in your case, and having an attorney present can produce immediate, tangible results:
Bail reduction or OR release. An attorney who has prepared bail arguments can present evidence and legal authority to convince the judge to lower bail or release the defendant on their own recognizance. This can save thousands of dollars in bail bond premiums and get the defendant home faster.
Less restrictive protective orders. In domestic violence and assault cases, an attorney can argue for a peaceful contact order instead of a full no-contact order, allowing the defendant to return home and maintain contact with their family.
Early discovery review. An attorney begins reviewing the prosecution's evidence at the arraignment, identifying weaknesses and building a defense strategy from day one.
Strategic plea entry. An attorney ensures the correct plea is entered (almost always not guilty) and protects the defendant from making statements or decisions that could harm their case.
Speedy trial rights. An attorney advises on whether to assert or waive the right to a speedy trial under Penal Code Section 1382 and Article I, Section 15 of the California Constitution. The U.S. Supreme Court established the four-factor test for speedy trial claims in Barker v. Wingo (1972): length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant based on the specific circumstances of the case. In some situations, demanding a speedy trial puts pressure on the prosecution. In others, waiving time gives the defense more room to investigate and negotiate.
Pre-filing intervention advantage. If the attorney was retained before the arraignment and intervened during the pre-filing period, they may have already obtained charge reductions or rejections from the District Attorney. This advantage carries directly into the arraignment.
Missing your arraignment has serious consequences. If the defendant fails to appear:
If you have missed an arraignment or have an outstanding bench warrant, contact My Rights Law at (888) 702-8845 immediately. An attorney can often arrange a voluntary surrender and recall of the warrant, which is far better than being arrested on the warrant.
Arraignments are held at the courthouse that has jurisdiction over the area where the arrest took place. Knowing which courthouse handles your case is essential so you or your attorney can appear at the correct location. My Rights Law attorneys appear at criminal courthouses across all six counties we serve, including Los Angeles, San Bernardino, Riverside, Orange, Ventura, and San Diego.
For a complete directory of every criminal courthouse, including addresses, phone numbers, and the cities each courthouse serves, see our Southern California Courthouse Directory.
If you are unsure which courthouse handles your arraignment, check the citation or arrest paperwork for the court address and date. You can also call the jail where the person is being held or contact My Rights Law at (888) 702-8845 and we will determine the correct courthouse and appear on your behalf.
If you or your loved one has an upcoming arraignment, here is how to prepare:
Hire a defense attorney before the arraignment. This is the single most important thing you can do. An attorney who is prepared before the arraignment can argue for reduced bail, OR release, less restrictive protective orders, and begin building a defense immediately. At My Rights Law, we prepare bail arguments, review available evidence, and develop a preliminary defense strategy before we even walk into the courtroom.
Dress appropriately. Wear clean, conservative clothing. The courtroom is a formal setting and appearances matter. Avoid wearing clothing with logos, graphics, or anything that could be perceived negatively. If the defendant is in custody, they will appear in jail clothing.
Arrive early. Plan to arrive at the courthouse at least 30 minutes before the scheduled hearing time. Court calendars can be unpredictable, and cases are sometimes called earlier than expected. Bring a valid photo ID.
Do not discuss the case in or around the courthouse. Prosecutors, law enforcement officers, witnesses, and other defendants may be nearby. Conversations in hallways, elevators, and parking lots can be overheard. Only discuss the case with your attorney in a private setting.
Bring supporting documents for bail arguments. If your attorney plans to argue for reduced bail or OR release, bring documents that demonstrate community ties: pay stubs or employment verification, lease or mortgage documents, family photographs, letters from community members, proof of enrollment in school or treatment programs, and any other evidence of stability and responsibility.
How long does an arraignment take?
The arraignment itself is usually brief, typically 5 to 15 minutes. However, you may have to wait several hours for your case to be called because arraignment calendars often have dozens of cases scheduled for the same time. Plan to spend the entire morning or afternoon at the courthouse.
Do I have to be present at my arraignment?
For misdemeanor charges, your attorney can appear on your behalf under California Penal Code Section 977, so you do not need to be personally present. For felony charges, the defendant must be present at the arraignment. Your attorney will advise you on whether your personal appearance is required.
What should I plead at my arraignment?
In almost every case, you should plead not guilty. A not guilty plea preserves all of your rights and gives your attorney time to review the evidence, investigate the case, and negotiate with the prosecution. You can always change your plea later if a favorable deal is reached. Pleading guilty at the arraignment is almost never advisable.
Can my charges be dismissed at the arraignment?
It is uncommon but possible. If the defense attorney identifies a critical deficiency in the complaint or if the prosecution fails to file charges within the statutory deadline, the case can be dismissed. More commonly, a defense attorney who intervened during the pre-filing period may have already secured charge reductions or rejections from the District Attorney before the arraignment.
What happens if I miss my arraignment?
The judge will issue a bench warrant for your arrest, bail will be forfeited, and you may face additional charges for failure to appear. If you have missed your arraignment, contact My Rights Law immediately at (888) 702-8845. An attorney can often arrange a voluntary surrender and recall of the warrant.
Can bail be reduced at the arraignment?
Yes. The arraignment is the first opportunity for a judge to review and adjust bail. A defense attorney can argue for reduced bail or OR release based on community ties, employment, family obligations, financial resources, and the nature of the charges. This is one of the most important reasons to have an attorney at the arraignment.
What is the difference between an arraignment and a preliminary hearing?
The arraignment is when the charges are read and a plea is entered. The preliminary hearing (felony cases only) is a separate hearing where the prosecution must present evidence to show probable cause. The preliminary hearing must be held within 10 court days of the arraignment unless the defense waives time.
What is a Penal Code 977 appearance?
Under California Penal Code Section 977, a defendant charged with a misdemeanor can have their attorney appear at court hearings on their behalf without being personally present. This allows the defendant to avoid missing work, arranging childcare, or traveling to the courthouse. This right applies to most misdemeanor proceedings, including the arraignment.
My loved one is in custody and has an arraignment tomorrow. What should I do?
Call My Rights Law at (888) 702-8845 immediately. We can visit your loved one in custody tonight through an immediate confidential jail visit, prepare bail arguments, review the charges, and appear at the arraignment tomorrow ready to fight for the best possible outcome.
The arraignment is not a formality. It is the first real opportunity to fight for your freedom, and what happens at this hearing affects everything that follows. Having an experienced defense attorney at your side from the very beginning gives you the strongest possible start.
Call My Rights Law at (888) 702-8845 or fill out our secure contact form for a free, confidential consultation. We answer the phone 24 hours a day, 7 days a week, and offer flat fee pricing. We will begin working on your case immediately.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
The last modified date shows when this page was most recently reviewed.
schedule a free confidential consultation
