The arraignment hearing is the first formal proceeding in court after you have been arrested and booked for a crime. During the arraignment, the judge explains your rights and reads the charges so that you can enter a plea. Sometimes bail is also handled in this initial hearing. What happens during an arraignment depends on the type of charges.

If you face felony charges, there are two distinct arraignments. The first happens after the prosecutor lodges charges, and the second after the preliminary proceeding when the court decides you have a case to answer. You should take the arraignment seriously because it is the foundation for the subsequent court proceedings. Therefore, consult an experienced defense attorney to discuss your felony charges and advise you on your rights and how to respond.

The Felony Arraignment Process

When charged with a felony violation, the first formal court proceeding is the felony arraignment hearing. It is considered the first court date. The hearing typically happens in a courtroom, although it can sometimes be held in a separate room in the jail where you are detained or in a video feed.

Arraignment should happen within 48 hours if you are in pretrial detention, unless on a weekend or public holiday. The law requires the proceeding to be scheduled without unwarranted delays. Typically, after arrest, police can release you on a citation, requiring you to attend court on a given date, or detain you pending bail determination. When you post bail and secure pretrial freedom, you will be released and told when to return to court for arraignment.

In most felony charges, you should appear in person for arraignment and not waive this court appointment. This differs from misdemeanor charges, where you can waive the initial court meeting and have your defense attorney represent you per PEN 977(a). During arraignment:

  • The judge reads the criminal charges you face

  • The judge advises you on your constitutional rights

  • You, the defendant, plead guilty, no contest, or not guilty

  • The court decides on your bail and requests to lower bail or adjust bail conditions

  • The court sets a provisional trial date

Highlighted are the main actions during arraignment.

Constitutional Rights Advisement

The federal and California constitution empowers all defendants during criminal trials with rights. The presiding judge advises you on the rights during arraignment: They include:

  • The right to legal counsel by a competent private defense attorney or a court-appointed public defender if you cannot afford private legal counsel.

  • The right against self-incrimination means you can decline to testify if you believe your testimony could be incriminating.

  • The right to a quick trial and jury trial

  • The right to call witnesses to the stand and confront or cross-examine them

Reading of Your Formal Felony Charges

After explaining your rights, the judge will inform you of the felony charges and ask you to plead. Also, they will give a copy of the police report and felony complaint to your attorney.

Plea Entry

Another action that you should expect in a felony arraignment is the plea entering. The judge will ask you to plead once you understand your rights and charges. The standard pleading options are:

  • Guilty

  • Not Guilty

  • No contest

You should understand what each plea means because your freedom depends on it. When you plead guilty or no contest, the judge will convict you and end the case, denying you the chance to prove your innocence. Therefore, consult with your defense lawyer before this hearing to prepare your responses because the wrong response could result in a conviction and harsh felony penalties, even when you are innocent. Your criminal defense lawyer will advise you to plead not guilty, unless you risk additional charges for the same felony violation or the prosecutor has offered a favorable plea deal.

Pleading not guilty preserves your constitutional rights and shifts the evidentiary standard to the prosecutor or district attorney, who must prove beyond a reasonable doubt that you are guilty of the felony offense. By entering this plea, the case moves to the pretrial stage where parties exchange evidence. In this stage, your defense lawyer can evaluate the prosecutor’s evidence and find weaknesses that can be used to file motions challenging the evidence or negotiate a favorable plea deal.

A guilty or no contest plea means admitting or confessing to committing the felony offense. If you enter any of these, the judge can sentence you immediately, or they could arrange a sentencing proceeding later. Pleading “no contest” in a misdemeanor arraignment does not make you guilty. However, entering the same plea in a felony arraignment amounts to a guilty plea and could lead to a conviction. So, consult your attorney for the most appropriate response to your felony charges.

Pretrial Release Decisions

The presiding judge can address bail, bail terms, or Own Recognizance (OR) release on the DA’s request in the arraignment hearing, sometimes even after you have already posted bail and secured pretrial freedom. The DA makes this request if they have filed additional charges that require a higher bail amount than the one already posted. In other instances, they request the judge to place your bail on a PEN 1275 hold if they reasonably believe the funds used for bail are proceeds of crime. A hearing must be held first so that you can prove the legitimacy of the bail funds.

Besides, if you have requested the court to review your bail amount downwards or grant an OR release, the court will decide during arraignment. If the decision is unfavorable, you can petition for a bail proceeding.

The factors that determine your bail are:

  • The gravity of your felony crime

  • Whether you are a threat to yourself or the public

  • Whether there is a risk that you might flee town to avoid trial.

Bail amounts are predetermined in the county bail schedule, although the presiding judge has the discretion to increase or lower the amount within the law, depending on the case’s unique circumstances.

If you meet the criteria for OR release, you will be released without bail. However, when the court rejects your bail reduction or OR application, you should be released pending trial unless there is precise and convincing proof that keeping you in pretrial detention is necessary to keep the public safe. Unless you are charged with a violent or serious felony, the judge will grant an O.R.

Scheduling Other Court Hearings and Trial Date

When you plead not guilty, the judge will set the date for the next meeting during arraignment. In felony cases, the preliminary hearing is the subsequent proceeding after arraignment.

Parties Involved in the Felony Arraignment Proceeding

Felony arraignments involving federal crimes happen in the district court. The participants in the hearing are:

  1. The Judge

The core figure in the court is the judge, whose responsibility is to control the hearing. The judge informs you, the defendant, of your charges and explains your rights. Further, the judge rules on bail, bail terms, applications for bail reduction, increase, hold, or OR during arraignment. The final role of the judge in this stage of the case is to set the provisional date for subsequent court proceedings and the trial.

  1. The DA or Prosecutor

The prosecutor or DA represents the people of California or the US in a felony arraignment. They are the ones who initiate this first court hearing when they submit the file containing your felony charges to the court. The DA decides on your charges after analyzing the police report and the evidence submitted against you.

During arraignment, the DA formally hands the file with your charges, known as the criminal complaint, to the presiding judge. Usually, the prosecutor will argue for the judge to retain the bail amount, increase it, or deny an OR citing threat to public safety and flight risk.

  1. The Criminal Defense Lawyer

The role of your defense counsel, private or a public defender, is to receive copies of the criminal complaint from the judge, educate you on your rights, and guide you in answering various questions. Additionally, if the pretrial release matter is addressed in arraignment, the lawyer will favor bail reduction, OR, or less stringent bail terms.

A private defense lawyer and a public defender are all certified legal practitioners. However, they operate in different constraints, affecting the quality of legal representation and the case’s verdict. Because many defendants do not have the funds to retain the services of experienced private attorneys, the court appoints public defenders who usually handle several criminal cases simultaneously. The huge caseload can limit the attorney's capacity to evaluate your case's facts and access all the required resources for independent investigations or timely pretrial motions.

In contrast, a private legal counsel can pick the case they want to handle, meaning they take up a caseload they can manage. This means your case receives the attention it deserves. Additionally, private lawyers have resources like private investigators and forensic specialists, who can be crucial in collecting new evidence or finding weaknesses in the prosecutor’s evidence, increasing chances of a favorable verdict.

Therefore, even if money is a problem, shop for quotes from knowledgeable criminal lawyers and discuss a repayment plan that suits your budget. Doing so will ensure you receive quality defense without experiencing financial strain.

  1. The Accused or Defendant

In a felony arraignment, you, the accused, must be present for the proceeding. Even though your attorney can offer you a waiver for this hearing, you should disagree, as it could hurt your case. The judge will read your charges, and you will enter a plea. If you do not understand English, the court will appoint an interpreter. Skipping this hearing or not having an attorney to represent you can attract a bench warrant, possibly leading to an additional felony charge.

The Right Time for Felony Arraignment

After arrest, the law requires you to be produced in court for arraignment within a reasonable time. Unreasonably delaying your arraignment violates your Sixth Amendment rights to a speedy or quick trial. However, in felony cases, the arraignment might not happen within the expected time if the jury returns an indictment filed in a jury trial. If no criminal complaint has been formally submitted to the court or information issued 48 hours after arrest, your defense lawyer should request the court to dismiss the felony charges.

However, if you have already exited pretrial detention on OR or bail, it can take weeks and sometimes months before your arraignment.

Multiple Arraignments

Two distinct felony arraignments can happen in the same case. The first occurs when the prosecutor files charges in court as a criminal complaint. The second can happen after the preliminary hearing if the court holds that you should answer to the charges against you after evaluating the presented evidence. The second felony arraignment occurs in the superior court and follows the steps in the initial arraignment, but the charge sheet is different.

You can have multiple arraignments if the prosecutor decides to lower your charges after the formal initial appearance. When the charges are reduced, you must appear for arraignment to enter another plea. In the second arraignment, you will enter a plea to the initial charge, unless you have entered a plea deal to plead guilty to the reduced charge in exchange for the dismissal of the original charge.

For instance, when you face murder charges and you have been arraigned, new evidence can come up during the preliminary hearing, requiring the prosecutor to reduce the charges to voluntary manslaughter. When this happens, the court will schedule another felony arraignment despite the earlier one.

Events After Felony Arraignment

The arraignment hearing is only the first step in your criminal case. Several other stages follow, leading to the trial and sentencing.

After the arraignment, you and your defense should prepare your defense strategies. You should evaluate the police report and any other evidence supporting the felony charges you face or weaknesses for negotiations with the prosecutor or to develop legal defenses.

The Preliminary Proceeding

The preliminary proceeding is a mini-trial that enables the presiding judge to determine if the evidence presented is sufficient to hold a trial. In the proceeding, the DA submits their evidence and witness testimonies. Your criminal defense lawyer reviews the evidence and confronts the witnesses. The aim of the proceeding is for the prosecutor to show the court that it is more likely than not that you, the accused, committed the alleged felony. If the prosecutor proves that, you will be “held to answer” for the felony charges. A second arraignment will then be scheduled for you to enter another plea.

If there is no probable cause that a felony was committed and you are the person who perpetrated it, the judge can drop your charge or reduce it to a misdemeanor.

Failure to Appear (FTA)

You must personally attend the felony arraignment proceeding, especially if you lack legal representation. Skipping court after a scheduled court date violates your primary bail condition. If you were released on OR, skipping arraignment will attract criminal charges under PEN 1320 or PEN 1320.5 if you posted bail to secure freedom.

FTA happens when you are legally scheduled to attend court but skip without legitimate reasons. The legal obligation to attend court arises when:

  • You promise in writing to attend an arranged hearing

  • You are subpoenaed

  • A judge orders you to return to court

  • You receive a notice of appearance

A written promise to attend court is required when the judge grants an OR. On the other hand, you receive a subpoena when you are scheduled to testify or provide crucial documents in a court case and fail to do so.

The consequences of missing arranged court hearings depend on the statute you are accused of contravening. When charged under PEN 1320, you will face felony charges because your baseline charge is a felony. The penalties you will face include at most 36 months of jail incarceration.

Under PEN 1320.5, a conviction for felony charges attracts:

  • At most 36 months of jail incarceration

  • No more than $10,000

  • At most 36 months of state prison incarceration

You can avoid these penalties if you have legitimate reasons for skipping court. These reasons are considered legal defenses for felony FTA charges. The defenses include:

  • You had an emergency that barred you from attending the arraignment hearing

  • You did not promise in writing to attend scheduled court proceedings during pretrial release

  • You did not skip the felony arraignment on purpose

If you have genuine excuses for not attending the arraignment proceeding, communicate them early with your defense attorney to make arrangements with the court to reschedule the hearing. Not appearing for the proceeding without a legitimate excuse could lead to issuing a bench warrant and lodging additional felony charges.

Find a Competent Criminal Defense Lawyer Near Me

When scheduled for a felony arraignment hearing, before or after pretrial release, you should consult with an experienced criminal attorney to understand the actions in the hearing and prepare your responses. At Los Angeles Criminal Lawyer, we know an arraignment is a high-stakes hearing because you enter the plea, and bail is decided here, decisions that can have severe consequences on your case and freedom. This highlights the critical role of an experienced criminal attorney in this stage. Call us at 310-502-1314 for streamlined navigation of all your criminal case's stages.