Imagine standing in a courtroom, accused of a crime, before a judge for the very first time. This is referred to as the arraignment, marking the actual beginning of the court procedure. It is not just a mere formality, but it is where you are officially notified of the charges against you, which fulfills your Sixth Amendment right to know the accusation.

As you will learn from the information below, three fundamental issues arise at this brief but necessary proceeding: the charges are read aloud, your plea (typically 'not guilty'), and the judge determines bail or pre-trial release conditions. The outcome of this hearing will determine the entire course of your case, whether you will remain in custody or be released from jail to prepare for your trial. It is the time your legal battle officially begins.

When Does an Arraignment Happen?

The timing of your arraignment depends primarily on whether you are in custody and whether the prosecutor has filed formal charges against you. An arraignment is not merely a response to an arrest. It is a formal proceeding. This is where the prosecutor presents charges against you (in the form of an indictment or criminal complaint) to the court, which formally initiates a court case against you.

If you are arrested, taken, and held in jail, the clock begins to run quickly, due to your constitutionally guaranteed right to due process. To avoid indefinite detention, jurisdictions generally follow the “48-Hour Rule.” This provision requires that you be taken before a judge during your first appearance, which may involve an initial arraignment and bail hearing within 48 hours of your arrest, without weekends or holidays. The primary objective of this expedited court hearing is to ensure that a judge reviews the arrest and determines whether there was probable cause to arrest you.

The timeframe will vary significantly depending on your status:

  • In custody (in jail) —As discussed above, there is pressure on the court system to expedite the process. You will be arraigned on the following business day or within 48 hours to determine whether you will be released on bail.
  • If you are out of custody (released on summons) — In case the crime is minor, or you were released soon after booking, you will be sent an official summons (or “notify letter”) by mail. This paper will provide you with a fixed deadline and a specific time to appear in court. The state can now take more time to file formal charges, and your arraignment may not occur until a few days or even weeks later. A probable-cause review is typically not required immediately.

Advisement of Constitutional Rights

The formal advice of your constitutional rights on the matter is the first important thing that you will encounter during your arraignment, even before the judge reads the charges. This ensures that you understand the protections outlined in the Fifth and Sixth Amendments as you proceed through the court proceedings. It is based on these rights that the judge will ensure that you are aware of these rights before proceeding with the case.

Your fundamental rights consist of:

  • The right to counsel (Sixth Amendment) — You also have the unconditional right to have an attorney throughout all the critical proceedings. You may hire a private attorney so long as you can afford one. More importantly, if you are unable to afford the services of a lawyer, a public defender must be appointed by the court and will provide you with free services. You should never proceed without legal representation.
  • The Fifth Amendment, the right against self-incrimination — You are entitled to remain silent. The Fifth Amendment helps safeguard you against being forced to incriminate yourself. Whatever you say may be used against you, so you should speak with your attorney before discussing the facts of your case.
  • The right to a speedy and public trial (Sixth Amendment) — The Constitution ensures that the case should not be stretched indefinitely. You are entitled to a swift and open hearing of your charges in court. This prevents undue delays and protects your ability to defend yourself.
  • The right to confront witnesses — You have the right to confront and challenge your accusers. It means that your lawyer has an opportunity to challenge and interrogate any witness that the prosecution calls against you, either in the pre-trial proceedings or in the trial.
  • The right to compulsory process — You may subpoena witnesses who can support your defense, and the court can require them to testify on your behalf. In case some people have the information that may be beneficial to your defense, the court will compel them to appear and testify on your behalf.

The court will also ensure that you are informed and participate voluntarily in the legal process, reminding you of your rights and responsibilities.

Entering a Plea

Once the judge has officially read the charges and informed you of your constitutional rights, the primary purpose of the arraignment is addressed: taking a plea. The one choice that you make now determines the course of your case. This decision is one that you must make only after consulting your lawyer, because only one of the options preserves your legal rights and keeps all your future strategies open.

  1. The Strategic Default (Not Guilty)

When you plead not guilty, it means you deny the charges filed against you. It is the standard initial plea in most criminal cases, regardless of any of the ultimate facts.

This plea serves three important purposes:

  • Protects your rights — It pressures the prosecution to establish all the elements of their case and ensures that your constitutional rights, like the right to a jury trial, receive the protection they deserve.
  • Discovery — A not guilty plea initiates the discovery process, during which your attorney obtains police reports, witness statements, test results, and other evidence the prosecution intends to use.
  • Allows for negotiations — Under this plea, you and your attorney have time to review the evidence, refute the facts, and bargain for a possible bargain of a reduced charge or low sentence in the near future.

In case you do not know what plea you would like to make, or you have not yet had an attorney, the court will almost always enter a plea of "Not Guilty" in your best interest.

  1. Guilty (The Admission)

The acceptance of the plea of guilt is a formalization of a complete acknowledgement that you have committed the crime as charged. By taking this plea, you are giving up all your trial rights, the right to remain silent, the right to trial by jury, and the right to confront witnesses altogether.

This plea will generally result in your case being moved directly to sentencing. A judge will make sure that you take the plea voluntarily and intelligently. During an arraignment, you must never plead guilty without consulting with your attorney to discuss the implications of the same or whether or not a plea bargain has been officially settled.

  1. Nolo Contendere (No Contest)

“Nolo contendere” means “I do not wish to contest.” By entering this plea, you do not admit guilt but accept conviction and penalties as though you were guilty. With this plea, you assert instead that you will not contest the case and will accept the criminal penalty (fines, probation, or jail service) as though you were guilty of the offence.

The primary motivation for applying "no contest" is to protect yourself in a separate civil lawsuit. Assuming you plead guilty, this confession is admissible in civil court as conclusive evidence that you caused the injury or resulting harm, for example, in a personal injury case after a criminal attack. A plea of Nolo contendere, however, cannot generally be used as an admission of guilt against you in a later civil suit. This plea is often a strategic choice when a separate, potentially costly civil lawsuit is likely to follow the criminal case.

Determining Release (Bail vs. Own Recognizance (O.R.))

After you have pleaded guilty to or been found guilty of the charge against you, the judge then proceeds to the third important business, which is to determine whether you are to be released on bond pending the hearing of your case, and on what conditions. This is commonly known as the bail hearing stage of the arraignment. Legally, bail is not a punishment for you, but it is intended to ensure two things: that you attend all subsequent court hearings and that you do not pose a risk to society.

The two primary release options are:

  • Release on recognizance (O.R.) — This is the best-case scenario. If the court determines that you pose a low flight risk and are not a threat to public safety, they may release you on your own recognizance. It means that you leave custody under an agreement signed by you, stating that you will reappear in court for all upcoming hearings. It requires no money, making it the simplest way to obtain pre-trial freedom. O.R. is usually applied in minor offenses or to people who have strong ties to the community.
  • Cash bail — In case the judge feels you are more risky, he/she will impose a specific sum of money, referred to as cash bail. The judge will often begin by referring to the county bail schedule, which provides a predetermined price depending on the crime committed. You will have to cover this full amount as a lump sum to the court, or you will have to enlist the services of a bail bondsman (who will pay the court on your behalf at a non-refundable fee). If you do not appear in court, this money will be lost.

When establishing the conditions of release, the judge should consider several key aspects to ensure compliance with constitutional requirements. They cannot merely impose an unrealistic sum. The main points which the court should take into account are:

  • Public safety — Could your release be a real, identifiable danger to the safety of any victim, witness, or the community in general?
  • Flight risk — How likely are you to default on coming back to court? The judge examines your previous experience in court, including your family and work relationships with the community, as well as your record of frequent relocation.
  • The severity of the charges — Specifically, the seriousness of the crime and the potential sentence in the event of conviction — are primary consideration factors in determining the risk of flight as well as the risk of harm to the community.

Conditions of Supervised Release

The judge can impose supervised release conditions even if you are released (on O.R. or on bail). These are specific rules that you must adhere to. Common examples include:

  • Putting on an ankle tracker to keep track of your whereabouts
  • Weekly check-ins with a pre-trial services officer
  • Submitting to random drug or alcohol testing
  • Complying with a protective (stay-away) order that prohibits contact with the alleged victim or witnesses

Any violation of these conditions may lead to the immediate cancellation of your release, sending you back to jail until the time of trial.

Do You Have to Appear? (Misdemeanor vs. Felony)

One of the most critical practical concerns when facing criminal charges is whether they are required to appear at all court hearings. The answer depends mainly on the type of charge brought against you, whether it is a misdemeanor or a felony.

In most misdemeanor cases, including DUI, minor theft, or certain traffic violations, you (the defendant) do not necessarily have to be physically present during the arraignment. This is one of the key advantages of being charged with a misdemeanor rather than a felony. Your defense attorney may appear on your behalf by filing a document called a Penal Code (PC) 977 Waiver. This is a written waiver that grants the attorney the authority to enter a not guilty plea and handle future court appearances, bail hearings, and general procedural matters without your having to appear in the courtroom. This will save you time, stress, and the hassle of scheduling transportation or taking vacation time off.

The rules are very different when it comes to felony offenses. Because the severity of the charges is more serious and can result in lengthy incarceration, the defendant is required to appear in person at the felony arraignment.

In a felony case, your lawyer cannot appear in your place through a waiver. The court must have you present to verify your identity, ensure that you are aware of the charges personally, and address any custody or bail concerns directly. Failure to appear in a felony arraignment means the judge will immediately issue a bench warrant for your arrest.

One important exception to the misdemeanor rule should also be mentioned: domestic violence cases or those concerning a protective (restraining) order. Although the underlying charge might be merely a misdemeanor, the judge can particularly direct you to the arraignment to have the protective order personally served to you. This is to ensure that you are aware of the terms of the order and the severe criminal repercussions of violating it.

Effects of Arraignment Absentia (Failure to Appear)

Without prior notice, even in the event of an accident, the court regards the absence of your scheduled arraignment or any other court appearance as extremely serious and has immediate and severe repercussions. This is referred to as Failure to Appear (FTA). This failure to appear results in the following consequences:

  • Bench warrant issued — This will happen the instant the judge notices that you are absent. He/she will issue a bench warrant for your arrest. It is an order that police officers are given to arrest you at any moment, wherever you are, and to detain you without bail until such time that you can appear before the judge.
  • Bail forfeiture — If you had previously paid bail (cash or bond), the sum of money will be directly forfeited to the court. You lose the money, and your bondsman will take back your bond and likely send you a fugitive recovery agent.
  • New criminal charges — The prosecution may file additional criminal charges, specifically for failure to appear. It is a new offense that contributes to your criminal issues and is accompanied by penalties and even jail terms, which further increase your overall risk.
  • DMV holds — Under certain circumstances (jurisdiction and the type of initial offense, particularly involving traffic crime), the court may inform the Department of Motor Vehicles (DMV), which will result in the suspension of your driving permit.

What Happens After the Arraignment?

After pleading not guilty at the arraignment, the case proceeds through the pre-trial phase. First, the discovery initiated by the defense forces the prosecutor to present all the evidence, including police reports and witness statements. By reviewing this, the defense can identify the weak points in the law.

As a result, the defense submits motions, for example, a motion to suppress evidence, to contest the violations of constitutional rights, and disallow the use of illegally gathered evidence, which puts the state's case to the test.

At the same time, there is intense negotiation (plea bargaining) in which the attorney will use the weaknesses in the case to bargain for lesser charges or a light sentence. An effective plea bargain results in a sentencing; otherwise, the case proceeds to either a preliminary hearing or a trial.

Find a Criminal Defense Attorney Near Me

The arraignment is a critical point in the criminal justice process, during which the accused is notified of the charges against them and is allowed to enter a plea. It is not a trial but an administrative step that shapes the direction of the legal process. Failing to appear or entering an inappropriate plea can have long-term consequences that affect your rights and freedom.

If you or a loved one has been summoned for an arraignment, contact the Los Angeles Criminal Lawyer today for expert legal counsel. We will protect your rights, advise you on the most suitable plea, and begin building a strong defense from the outset. Contact us today at 310-502-1314 for a confidential consultation.