Arraignment

An arraignment is your very first appearance in court after being arrested or charged with a crime. The judge reads the charges out loud, makes sure you understand them, and asks how you want to plead — guilty, not guilty, or no contest. It is short, often confusing, and it sets the tone for everything that follows in your case.

How Arraignment Works in California

California law requires that anyone held in custody be arraigned without unnecessary delay. Under Penal Code § 825, that generally means within 48 hours of arrest, excluding weekends and holidays. If you bailed out or were cited and released, your arraignment date will be printed on your release paperwork, and missing it can result in a bench warrant for your arrest.

At the arraignment itself, the judge will confirm your identity, advise you of your constitutional rights, and provide you with a copy of the complaint filed by the District Attorney. For misdemeanor cases, your attorney can usually appear on your behalf under Penal Code § 977(a), meaning you may not even need to be present. For felonies, however, you must appear personally unless the court grants a specific exception.

The judge will also address bail at the arraignment. The court considers California’s bail schedule, the seriousness of the charges, your ties to the community, and any public safety concerns. Following the California Supreme Court’s decision in In re Humphrey (2021), judges must consider your ability to pay before setting cash bail, and release on your own recognizance is supposed to be the default when you do not pose a flight risk or danger to others.

If you plead not guilty — which almost always happens at arraignment — the court will set future dates. In felony cases, that typically means a preliminary hearing within 10 court days under Penal Code § 859b. In misdemeanor cases, the court will set a pretrial conference and, eventually, a trial date governed by the speedy trial rules in Penal Code § 1382.

Why Arraignment Matters to Your Defense

The arraignment is more than a formality. It is the first real opportunity for a defense attorney to push back — to argue for lower bail or release on your own recognizance, to flag obvious problems with the charges, and to start protecting your rights before the prosecution gains momentum. A good criminal defense attorney can sometimes get charges reduced or even dismissed at this stage if the complaint is legally defective.

It also locks in critical deadlines. Once you plead not guilty, the clock starts on discovery, motions, and your right to a speedy trial. Missing or mishandling these deadlines can permanently damage your defense. This is also when prosecutors often make their first plea offer, and accepting that offer without an attorney evaluating the evidence is one of the most costly mistakes a defendant can make.

Finally, what you say — and what you do not say — at arraignment matters. Many people walk into court ready to explain themselves to the judge. That instinct is understandable, but it can be devastating. Anything you say in open court can be used against you. Having counsel beside you, or appearing for you, ensures the right things get said and the wrong things stay unsaid.

Related Legal Terms

Understanding your arraignment goes hand-in-hand with knowing what happens at booking, how bail is set, and what protections the right to counsel and Miranda rights provide during the hours leading up to your first court date. If your case proceeds, you may also want to understand the preliminary hearing process and how a plea bargain might shape the outcome — areas where our DUI defense and broader criminal defense practice can guide you through every step.

Facing Charges Where This Applies?

If you or someone you love has been arrested and is facing arraignment in Los Angeles County or anywhere in Greater LA, do not walk into that courtroom alone. Attorney Chris Nalchadjian offers free, confidential consultations 24/7 and can appear with you — or for you — at your first hearing. Call KN Law Firm at (888) 950-0011 today.