Arraignment under California Law: Five Facts You Should Know

An arraignment is one of the first steps to follow an arrest on criminal charges. If you have been arrested, here are five facts about the arraignment procedure in California that you should know.

First, an arraignment is typically the first time any information regarding an arrest is heard in a court. You will formally hear the charges filed in the case. You will also be advised of your rights under the U.S. Constitution.

Second, during the arraignment, the person arrested (in court terminology, the accused) will have a chance to plead not guilty, guilty, or no contest. In addition, any bail is set and a future court date to hear the case will be determined.

Third, if the arrest means that you must remain in custody (jail), California law specifies that you have to be arraigned within 48 hours after the arrest. (Weekends and holidays are not included, under the law.) If an unreasonable delay occurs between an arrest and the arraignment, it might be considered an unlawful detention.

Fourth, an arraignment hearing occurs when the prosecutor (usually from the District Attorney’s office or possibly the City Attorney’s office, depending on the charge) files formal charges.

Fifth, if you have been arrested for a felony, there will be two arraignments. The steps above outline what the law terms the initial arraignment. If the results of the preliminary hearing hold that you must answer on the charges, there will be a subsequent arraignment.

If you would like to discuss any aspect of an arrest or criminal charge, please contact us.