For many people accused of a crime, the arraignment is their first formal court appearance. Walking into a courtroom without understanding the process can feel intimidating. Knowing what to expect may help you prepare and avoid costly mistakes.
What Is an Arraignment?
An arraignment is generally the first court hearing in a California criminal case. During the hearing, the defendant is formally informed of the charges and advised of important constitutional rights. The court will also address legal representation and schedule future proceedings. (Self-Help Guide to the California Courts)
What Rights Will Be Explained?
At an arraignment, a defendant may be advised of rights that include:
- The right to remain silent
- The right to an attorney
- The right to a speedy and public trial
- The right to a jury trial
- The right to confront and question witnesses
- The right to present evidence and call witnesses
Anyone charged with a misdemeanor or felony who cannot afford an attorney may have the right to a court-appointed lawyer. (Self-Help Guide to the California Courts)
What Plea Can Be Entered?
The defendant may be asked to enter one of the following pleas:
Not guilty: The defendant disputes the charge, and the case proceeds to additional hearings or trial.
Guilty: The defendant admits the charge and may proceed toward sentencing.
No contest: The defendant does not formally admit guilt but accepts a conviction and sentencing. A no-contest plea can have consequences beyond the immediate criminal case, so legal advice should be obtained before entering one.
A person should not feel pressured to make a permanent decision without understanding the consequences.
Will Bail Be Addressed?
Depending on the case, the judge may decide whether the defendant will:
- Remain in custody
- Be released after posting bail
- Be released on their own recognizance
- Be required to follow specific release conditions
The court may consider factors such as the seriousness of the allegations, criminal history, public safety, community connections, and the likelihood that the defendant will return to court.
Should You Have an Attorney Before the Arraignment?
Whenever possible, speak with a criminal defense attorney before appearing in court. An attorney can review available information, explain the charges, discuss possible outcomes, and appear with you during the hearing.
Your attorney may also begin examining:
- Police reports
- Witness statements
- Video recordings
- Search and seizure issues
- Statements allegedly made to law enforcement
- Physical or forensic evidence
- Possible defenses or mitigating circumstances
Do Not Ignore Your Court Date
Failing to appear may result in a warrant, additional charges, or other consequences. Carefully review your release documents and confirm the correct courthouse, date, and time.
The Law Offices of George L. Fernandez represents individuals accused of misdemeanor and felony offenses at the state and federal levels. Our firm serves clients throughout Los Angeles, Long Beach, and surrounding communities.
Contact us at 562-495-7900 to discuss your criminal case.
This article is for general informational purposes only and should not be considered legal advice. Every criminal case is different, and past outcomes do not guarantee future results.
