Court Process
For most people, an arraignment is the first time they've ever stood in front of a judge, and the uncertainty of not knowing what to expect is often worse than the hearing itself. Arraignment is largely procedural — but the decisions made that day, particularly around bail and release, can shape the rest of the case.
When Arraignment Must Happen
Under Penal Code § 825[1], a person who has been arrested and is in custody must be taken before a magistrate without unnecessary delay, and in any event within 48 hours of arrest, excluding weekends and judicial holidays. Someone who was cited and released, rather than held, will typically have an arraignment date set for several weeks after the arrest instead. California Courts provides a plain-language overview of this step at its self-help arraignment guide[2].
What Actually Happens in the Courtroom
Arraignment follows a fairly consistent structure:
- The charges are formally read, or the defendant is given a copy of the complaint or information stating the exact charges being filed.
- The right to an attorney is confirmed. Under Penal Code § 987[3], a defendant who cannot afford an attorney has the right to have one appointed before being required to enter a plea to a felony or misdemeanor charge that could result in incarceration.
- A plea is entered. In the overwhelming majority of cases, the plea entered at arraignment is not guilty — this preserves every option and simply sets the case up to move forward; it isn't a final decision about how the case will ultimately resolve.
- Bail or release conditions are addressed. If the person is in custody, the judge will address bail, potentially adjust it from the county's bail schedule amount, or consider release on the defendant's own recognizance under Penal Code 1270, depending on the charge and circumstances.
- The next court date is set. For a misdemeanor, this is typically a pretrial hearing. For a felony, the next step is generally a preliminary hearing, where a judge must find probable cause before the case can proceed to a formal felony arraignment.
Misdemeanor vs. Felony Arraignment
A felony case involves an extra layer that a misdemeanor case doesn't: after the initial arraignment, a felony proceeds to a preliminary hearing, and if the judge finds sufficient probable cause, a second arraignment follows on the formal information. A misdemeanor case, by contrast, generally moves directly from arraignment into pretrial proceedings.
How Long Arraignment Actually Takes
Despite the buildup, an individual arraignment hearing is often brief — frequently just a few minutes in front of the judge, particularly on a busy court calendar where many cases are arraigned in the same session. The preparation beforehand, and the decisions made in those few minutes, matter far more than the length of the hearing itself.
Why Having an Attorney Before Arraignment Matters
Because bail, release conditions, and the plea itself are all addressed at this hearing, walking in without having reviewed the arrest report, the charges, or the person's specific circumstances means those decisions get made with less information than they could have. An attorney involved before arraignment can advocate for release conditions, address the bail amount, and make sure the arraignment itself goes smoothly rather than becoming its own source of complications.
What If You Miss Your Arraignment Date?
Failing to appear for a scheduled arraignment is a serious matter — it can result in a bench warrant being issued for arrest, and in some cases, an additional charge for failure to appear. If a scheduling conflict or emergency makes it impossible to attend, contacting the court or an attorney before the date, rather than simply not showing up, is the better path.
What Comes Immediately After Arraignment
Once arraignment concludes, the case moves into the pretrial phase, where the prosecution and defense exchange evidence through discovery, and where most cases are ultimately resolved — through negotiation, a motion challenging the evidence, or, less commonly, trial. The plea entered at arraignment doesn't lock in that outcome; it simply starts the clock on the process that leads there.
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Out-of-Custody vs. In-Custody Arraignments
The experience differs meaningfully depending on whether the defendant is in custody at the time. An in-custody arraignment happens quickly, within the 48-hour window, often with limited time to prepare. An out-of-custody defendant, appearing after being cited and released, typically has more lead time to retain counsel, review the charges, and prepare before that first appearance — one more reason the earlier of the two deadlines is the one that matters most for anyone released rather than held.
Frequently Asked Questions
Do I have to plead guilty or not guilty at arraignment?
In nearly all cases, the plea entered is not guilty, regardless of the circumstances — this preserves the ability to review the evidence and negotiate or litigate the case fully before any final decision is made.
Can bail be changed at arraignment?
Yes — the judge can adjust bail from the county's standard bail schedule amount, or consider releasing the defendant on their own recognizance, based on the specific charge and circumstances presented.
What's the difference between arraignment and a preliminary hearing?
Arraignment is where charges are read and a plea is entered; a preliminary hearing, which only applies to felony cases, is a separate proceeding where a judge determines whether there's enough evidence for the case to proceed at all.
Will I need to speak during my arraignment?
Generally, the attorney handles most of the speaking on the defendant's behalf, including entering the plea, though the defendant is present and may be asked to confirm their identity and understanding of the charges.
Have an Upcoming Arraignment in California?
What happens at this first hearing sets the tone for everything that follows. The Cespedes Law Firm, L.C. is headquartered in Chino Hills and represents clients in English and Spanish throughout California. Call (323) 622-4951 for a free consultation.
This article is general information about California law, not legal advice. Every case turns on its own facts; contact our office to discuss yours.