What Happens at an Arraignment in California?

Navigating the criminal justice system can feel overwhelming, especially when you’re facing charges. One of the most important and often misunderstood stages in the process is the arraignment. This initial court appearance sets the stage for everything that follows, so understanding what to expect during this hearing is the first step in building a strong defense. To learn more about what happens at an arraignment and how to best protect yourself, continue reading and contact an experienced Red Bluff criminal lawyer today.

What is an Arraignment?

An arraignment is the first court appearance in the criminal justice process after an arrest and the formal filing of charges. It serves as the way for the court to establish jurisdiction over the defendant. Essentially, it is a formal hearing required by law to ensure that the accused is fully aware of the legal action taken against them. This proceeding is an important step as it sets the tone for the entire case.

What Happens at an Arraignment in CA?

During an arraignment, the defendant is officially informed of the criminal charges that have been filed against them by the prosecutor. This is also the time when the defendant is advised of their constitutional rights, including the right to an attorney, the right to remain silent, and the right to a speedy and public trial.

If the defendant does not have a private attorney, the court will appoint a public defender to represent them. After the advisement of rights and charges, the defendant is asked to enter a plea. The most common pleas are “guilty,” “not guilty,” or “nolo contendere” (no contest). A “not guilty” plea moves the case forward to pre-trial hearings.

The judge may also address the issue of bail. The court can set, reduce, increase, or deny bail. Alternatively, the defendant may be released on their own recognizance without having to post bail, based on their ties to the community and their flight risk. This stage determines whether the defendant will be held in custody while the case is pending.

Do I Have to Attend the Arraignment in Person?

Generally, yes, a defendant is expected to appear in person for their arraignment in California, as it is a crucial step where rights are read and a plea is entered. However, California law does provide exceptions where an attorney can appear on behalf of their client without the client being present, depending on the nature of the charges.

For some less serious misdemeanor cases, a defendant’s attorney is legally allowed to appear and enter a plea on the client’s behalf under Penal Code 977(a). This can save the defendant time and stress.

However, for felony charges, the law typically requires the defendant to be present for the arraignment and all subsequent court proceedings. While a judge has some discretion, it is rare for a felony arraignment to proceed without the defendant.

Consult with an experienced criminal defense lawyer to determine if your appearance can be legally waived.