An appearance before a judge to plead guilty or not guilty is known as what?

3 Things That Will Happen at an Arraignment in California Criminal Cases

Anarraignment is usually thefirst court hearing in a criminal case. At an arraignment hearing, the defendant:

enters a plea (guilty, non guilty or no competition),
the issue of bond and release is adamant, and
a time to come court date is prepare.

The next courtroom appearance afterward the arrangement is usually for:

the pretrial or
in a felony case, the preliminary hearing.

In the commodity below, our California criminal defense lawyers volition explain the arraignment process, your rights, and what you may expect to happen. If you lot have additional questions, experience free to contact us at the Shouse Constabulary Group.

defendant in handcuffs standing with attorney before a judge

An arraignment is ordinarily the first court hearing in a California criminal case.

ane. What is an arraignment?

An arraignment hearing is the first formal court proceeding in the California criminal law procedure. It follows an arrest. Simply put, this is the phase where

the court volition advise you of your Constitutional rights,
you will find out the specific criminal charges that have been filed against you,
you lot will have your first opportunity to enter a plea, and
the court will fix, modify, reinstate, or exonerate your bond.

The arraignment hearing takes place once the prosecuting agency (typically the local District Attorney's part or the local City Attorney's office) has filed formal charges.When the arraignment takes identify is strictly regulated according to California law.

ii. When does a felony arraignment take place?

There are actually two arraignment hearings in the lifespan of a felony case. One occurs at the very start of criminal proceedings. The second happens after the preliminary hearing – if the result of that hearing is to hold the accused to reply on the charges. For at present, we'll focus on the first of these: the initial arraignment.

If you committed an crime that requires y'all to remain in "custody" (that is, in jail), y'all must be arraigned within 48 hours of your arrest, not including weekends and holidays.¹ This timeframe establishes the maximum amount of fourth dimension the constabulary and prosecutors have to place y'all before a gauge. (See our commodity on how long it takes to go a court appointment for a felony case.)

Depending on the circumstances, sometimes even making you wait 48 hours could be considered unreasonable – an event that your attorney could explore and potentially argue on your behalf.²

If there is an unreasonable delay between your abort and your arraignment, the delay converts an otherwise lawful arrest into anunlawful detention. This blazon of potential police misconduct may entitle you to civil (or monetary) amercement from the constabulary enforcement agency for violations of California's false imprisonment law. Withal, unlawful detention volition not typically upshot in a dismissal of the example, unless

you can evidence that the delay deprived you of a fair trial, or
otherwise caused you to suffer some type of prejudice or unfair injury.³

If you are existence arraigned on a felony complaint that doesn't require you to remain in custody – that is, you were released following your arrest, or yous bailed out – you must be arraigned "without unnecessary filibuster." In reality, withal, if you lot're out of custody, it may be weeks or even months before your arraignment.⁴

Example : John is arrested Friday night for felony set on with a firearm. He's held in the Due west Valley Detention Heart in lieu of $fifty,000 bond. Because he'due south in custody, the prosecutor must arraign him no later than the following Tuesday (2 court days).

On Sabbatum, notwithstanding, John'southward family posts bail and he gets released. Because John is now out of custody, the D.A. no longer needs to arraign him within this timeframe. Therefore, John is given a discover to appear for his arraignment iii weeks later, rather than Tuesday.

iii. When is a misdemeanor arraignment?

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

When this is the instance, the misdemeanor arraignment hearing generally does non take identify for at to the lowest degree ten days following your abort.^v

four. What are my rights at the hearing?

Both the Us Constitution and the California Constitution empower you with a variety of rights during all criminal procedures. During your arraignment, the judge (or, in larger counties, a prerecorded announcement) will advise you of these rights.

These Constitutional rights include:

the right to be represented by an attorney (which includes the correct to be represented by a court-appointed public defender if you are non able to afford a private criminal defence force attorney),⁶
the right against self-incrimination,
the right to a speedy trial (enforceable through something called a Serna or speedy trial movement),⁷
the right to a trial by jury, and
the correct to produce and face up witnesses.⁸

If you have been defendant of committing an infraction, only some of these rights apply. For instance, a defendant charged with an infraction is non entitled to a courtroom-appointed attorney or a trial by jury.⁹

judge presiding over courtroom as an example of an arraignment hearing in California

If you were arrested for a misdemeanor, you are typically permitted to have your attorney appear on your behalf.

5. Can my lawyer appear on my behalf?

This depends on the law-breaking for which you were arrested.

Felony charges

If you were arrested for a felony offense, yous are typically required to appear in person at your arraignment hearing and most other proceedings. There are exceptions that either

let yous to appear via a two-manner audio/video conference (sometimes called "video court"), or
excuse your presence altogether if yous execute a written waiver, and the judge accepts your waiver.

At that place are a diversity of rules that chronicle to these exceptions that your criminal defence attorney tin can explain. Exist enlightened, however, that even if you lot validly alibi yourself from an arraignment, the courtroom retains the correct to club y'all to appear in person at whatsoever time until the terminal resolution of your case.¹⁰

Misdemeanor charges

If you were arrested for a misdemeanor, yous are typically permitted to have your attorney appear on your behalf.¹¹ However, there are some exceptions, the well-nigh common of which include

California domestic violence charges,
alleged violations of a protective order, and
certain aggravated offenses involving driving nether the influence (DUI), such as Vehicle Code 23153 VC California'southward "DUI causing injury" law or Penal Code 191.five(b) PC California's "vehicular manslaughter while intoxicated police".¹²

If you were arrested for one of these misdemeanor offenses, California law will most likely require your presence at the arraignment.

6. What happens if I fail to appear?

If you or your attorney fails to appear (commonly referred to as an FTA), the courtroom will generally issue a California demote warrant. A California bench warrant authorizes law enforcement officers to arrest you and bring you directly to court.

Failing to announced on a felony case may trigger a separate felony charge. Failing to appear on a misdemeanor case is a misdemeanor.^xiii

vii. What should I bring to the hearing?

You will want to bring your attorney, if you hire one, equally well every bit any paperwork you may have received from the constabulary, the jail, and/or your bail bondservant. If you have documents or evidence that could aid in your defense force, yous will probably want to bring those as well. You volition likely get out the arraignment hearing with:

a re-create of the formal complaint that has been filed confronting yous, and
possibly a copy of the constabulary written report pertaining to your case.^fourteen

The arraignment is the prosecutor'southward opportunity to inform you of the charges that are pending confronting you.^xv This is also his/her get-go opportunity to make you an "offer" which is the sentencing that he/she seeks for the crime(s) you have allegedly committed.

8. When do I enter a plea?

The arraignment presents your first opportunity to enter a "plea" in the instance. Whether or not yous choose to do and then – or attempt to continue the example – will depend on your individual circumstances. If y'all enter a plea, it will either be:

guilty (in which case, you will continue to a sentencing hearing, and all further stages of the criminal court process will exist limited to post-confidence issues),
nolo contendere (or "no contest") which is essentially a guilty plea (the deviation being that a "no contest" plea can't exist used as evidence against you in the consequence that at that place is also a civil case that arises from the incident), or
not guilty (in which case you will proceed to the pretrial or preliminary hearing phase of the California criminal court process).

Although nearly defendants who are represented past attorneys practice non plead guilty or no contest during the arraignment phase, sometimes information technology is strategically advisable to practice so. This may exist the case, for example, in order to avert further prosecution for more serious, uncharged offenses.¹⁶

Deferred entry of judgment or diversion

And equally Ventura criminal defense attorney Darrell York¹⁷ explains, "There is some other option. Yous or your chaser could asking a deferred entry of judgment. 'Deferred entry of judgment', pursuant to Penal Code grand PC, is a blazon of diversion program that allows you to abide by certain terms and conditions that – once yous complete – entitles you to a dismissal of the charges."

Penal Code k PC "deferred entry of judgment" nigh commonly applies to

certain California drug offenses,
certain cases involving child abuse and/or neglect filed under Penal Code 272 PC (contributing to the delinquency of a minor), and
Penal Code 470 PC California's "bad check" forgery cases.^xviii

judge striking gavel

The judge may reduce your bail during arraignment

nine. Will the judge consider reducing my bail at the arraignment?

Most probable, yes, although this issue could be set bated and argued at a more formal bail hearing which would likely be held inside a week of your request. If you lot plead not guilty, the judge will

alter, or
reinstate,

your bail. "Bail" is money that the courtroom requires y'all to pay in order to assure your court appearances. The amount of bail varies depending on the crime involved. A Canton bail schedule sets along the amount for bail for each type of law-breaking.

If y'all experience that your bond is too loftier or that you should be released on your own recognizance (more commonly referred to equally an "O.R. release"), y'all may inquire the judge to modify the corporeality.

Whether the guess considers this outcome at your arraignment or at a future bail hearing, he/she volition presume that yous are guilty of the charges and makes his/her decision with that presumption in mind. The judge and then considers

the danger yous may pose to the community, and to specific parties in the example
your flight risk (if you are employed, live in the area, and/or have friends or family unit in the surface area, these community "ties" will usually weigh in your favor).¹⁹

After considering these factors, the judge may determine to

keep the set up bail amount,
alter your bail past reducing or raising it, or
release you O.R.^twenty

If you lot obtain an O.R. release (which is common for many first-crime misdemeanor cases that do not involve allegations under California domestic violence law), it means that the courtroom believes you will keep your hope to appear in courtroom equally instructed.²¹

If you do not obtain an O.R. release and y'all cannot afford to mail service bail, you must remain in custody until your case is resolved.

2020 Update for Los Angeles County: Except in serious or tearing felony cases, most arrestees will be released without having to pay bail. Acquire more than in our California bail article.

2021 Update for California: People tin can no longer be incarcerated solely considering they cannot afford bail. Clear and convincing evidence is required to show that detention is necessary to protect public safety. Run into In Re. Kenneth Humphrey on Habeas Corpus, (March 25, 2021); Maura Dolan, California'southward pinnacle court ends cash bail for some defendants who tin can't afford it, Los Angeles Times (March 25, 2021)

x. What if I was unlawfully arrested?

If y'all were arrested on a misdemeanor charge without a warrant – and remain in custody at the time of arraignment – you may asking a probable cause hearing.²³ This is referred to as a "Penal Code 991 motion."

A likely cause hearing requires the judge to determine

if there is probable cause to believe that a criminal offense was, in fact, committed, and
if y'all are the person who committed that crime.²⁴

"Probable crusade" is a legal standard that ways "a land of facts equally would lead a man of ordinary care and prudence to believe and conscientiously entertain an honest and potent suspicion that the person is guilty of a crime."²⁵

Likely cause hearings are typically conducted at the time of the arraignment.

11. And with respect to other motions.

When applicable, the arraignment is also your chaser'south first opportunity to argue against pending orders, such equally a restraining society or stay-away society (which are most common in connection with California domestic violence cases and alleged violations of Penal Code 646.9 PC California'southward stalking law).²⁶

This is only another reason why it is so important to consult with an attorney prior to your arraignment if you can beget to do so.

Telephone call the states for assist…

Receptionists taking phone calls

Contact usa for help with your case.

If you have additional questions nigh California'southward arraignment process, or y'all would like to hash out your case confidentially with one of our attorneys, do non hesitate to contact united states at Shouse Law Group.

We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Additionally, our Las Vegas Nevada criminal defence attorneys are available to answer any questions relating to Nevada's criminal court system. For more data, nosotros invite yous to contact our local attorneys at i of our Nevada police offices, located in Reno and Las Vegas.²⁷

To learn near arraignments in Nevada, go to our page on arraignments in Nevada.

Legal References:

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Source: https://www.shouselaw.com/ca/defense/process/arraignment/