CRIMINAL DEFENSE PROCESS LAW — CALIFORNIA
What Is an Arraignment in California — Your First Court Date
An arraignment is the first formal court appearance where charges are read, a plea is entered, and bail is set. For in-custody defendants it must occur within 48 hours of arrest. Here is what to expect.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney
Quick Reference
Arraignment in California — At a Glance
- Law / Code
- PC §988 / PC §825 / PC §1004
- Classification
- Criminal Procedure — First Appearance
- Maximum Penalty
- N/A — procedural stage
- Probation Eligible
- N/A
- Strike Offense
- N/A
What Is Arraignment in California Under California Law?
Legal Framework. The arraignment is the defendant's first formal appearance in court after charges have been filed. At the arraignment the judge or clerk reads the charges against the defendant, the defendant is informed of their constitutional rights, the defendant enters a plea, and the judge addresses bail. For in-custody defendants the arraignment must occur within 48 hours of arrest excluding Sundays and holidays under PC §825. For out-of-custody defendants the arraignment date is set by citation or written notice.
The Prosecution's Burden. At the arraignment the defendant typically pleads not guilty — even defendants who intend to ultimately plead guilty or no contest routinely enter a not guilty plea at arraignment to preserve time for investigation, discovery, and negotiation. Entering a not guilty plea at arraignment does not prevent the defendant from changing their plea later. It is rarely in the defendant's interest to plead guilty at arraignment without full review of the evidence.
Potential Consequences. Bail is a critical issue at arraignment. For defendants in custody the arraignment is the opportunity to argue for release — either on own recognizance (O.R.) without bail or on the lowest possible bail amount. A defendant who remains in custody throughout their case faces enormous pressure to accept unfavorable pleas, loses their job and housing, and is separated from family. Having an experienced defense attorney at arraignment to argue for release is one of the most important interventions in any criminal case.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §988 / PC §825 / PC §1004
To convict under PC §988 / PC §825 / PC §1004, the prosecution must prove each of the following elements beyond a reasonable doubt:
The court formally informs the defendant of the charges filed against them
The defendant is advised of their constitutional rights
The defendant enters a plea — not guilty, guilty, or no contest
The court addresses bail — sets bail, releases on own recognizance, or orders defendant held without bail
The court schedules the next hearing
All elements must be proven beyond a reasonable doubt.
Penalties
Penalties for Arraignment in California in California
Additional Consequences
- Arraignment timing: within 48 hours for in-custody defendants (PC §825)
- Misdemeanor arraignment: the trial date may be set at or shortly after arraignment
- Felony arraignment: a preliminary hearing date is typically set
- Plea at arraignment: not guilty preserves all options; guilty or no contest at arraignment is almost never advisable without full review
- Bail: set based on PC §1275 factors including severity of charge, prior record, and community ties
05 — Defense Strategies
How Rubin Law Defends Arraignment in California Charges
Rubin Law, P.C. attacks the elements of PC §988 / PC §825 / PC §1004 and drives outcomes that avoid conviction where possible.
Retain Counsel Before Arraignment
The most important thing you can do before arraignment is retain a private defense attorney. An attorney who appears with you at arraignment can immediately argue for reduced bail or OR release, begin evaluating the charges, and demonstrate to the prosecutor that the defense is engaged and prepared. Public defenders often meet their clients for the first time at arraignment and have only minutes to prepare.
U.S. Const. amend. IV
Always Plead Not Guilty at Arraignment
Entering a not guilty plea at arraignment preserves all your options. It gives your attorney time to review discovery, evaluate defenses, negotiate with the prosecutor, and make an informed decision about how to proceed. Pleading guilty at arraignment — before seeing the evidence — almost never produces the best outcome.
17 CCR §1219.3
Fight for OR Release
Own recognizance release means the defendant is released without posting bail based on their promise to appear at future hearings. We present evidence at arraignment supporting OR release — employment, family ties, length of residence, lack of prior failures to appear, and the nature of the charges — to argue the defendant can be trusted to return to court without a bail requirement.
NHTSA SFST
Challenge Bail Amount
When OR release is not granted we argue for the lowest possible bail amount. Factors supporting lower bail include stable employment, strong family ties, long-term residence in the community, minimal prior criminal history, and the relative severity of the charges. We present a comprehensive bail argument at every arraignment.
VC §23152
Request Discovery Immediately
At arraignment your attorney should formally request all discovery — police reports, witness statements, video footage, forensic evidence, and any other materials the prosecution intends to use. Early receipt of discovery allows the defense to begin evaluating the case immediately.
17 CCR §1219.1
Identify Pre-Trial Issues
Even at the arraignment stage experienced defense attorneys can identify potential pre-trial motions — Fourth Amendment suppression issues, identification problems, statute of limitations questions, and speedy trial concerns. Early identification of these issues allows the defense to begin building its strategy immediately.
VC §23103.5
Constitutional Sources: Fourth Amendment — U.S. Constitution
Questions
Frequently Asked — Arraignment in California
What happens at an arraignment in California?
At a California arraignment the defendant appears before a judge and is formally informed of the criminal charges filed against them. The defendant is advised of their constitutional rights including the right to an attorney. The defendant enters a plea — almost always not guilty at the first arraignment. The judge addresses bail — setting bail, granting release on own recognizance, or ordering the defendant held without bail. The court schedules the next hearing. The arraignment typically takes 10–30 minutes.
Do I have to appear at my arraignment in California?
For felony charges defendants must personally appear at arraignment unless the court specifically waives appearance. For misdemeanor charges PC §977 allows defendants to waive appearance at arraignment and have their attorney appear on their behalf in many cases — but the court must approve the waiver. Failing to appear at arraignment when required results in a bench warrant for your arrest. If you have missed an arraignment call Rubin Law immediately at (213) 723-2337.
How long after arrest is the arraignment in California?
For defendants held in custody arraignment must occur within 48 hours of arrest excluding Sundays and holidays under PC §825. For defendants released on bail or citation arraignment is typically scheduled within several weeks to a month. The 48-hour rule is a constitutional protection — violation can result in the court releasing the defendant.
What plea should I enter at arraignment?
In virtually all cases you should enter a not guilty plea at arraignment. This preserves your right to contest the charges, allows time for your attorney to review the evidence, and gives the defense maximum flexibility. Pleading guilty or no contest at arraignment — before seeing the discovery — almost never achieves the best outcome. Even if you intend to ultimately plead guilty it is almost always better to wait until discovery has been reviewed and negotiations have occurred.
What is bail and how is it set at arraignment?
Bail is a financial guarantee that the defendant will appear at future court hearings. At arraignment the judge considers the nature and seriousness of the charges, the defendant's criminal history, prior failures to appear, community ties, employment, and the risk the defendant poses to public safety. The judge may set a specific bail amount, release the defendant on own recognizance with no bail required, or order the defendant held without bail for the most serious charges. A defense attorney who appears at arraignment can argue effectively for OR release or reduced bail.
What is the difference between arraignment and preliminary hearing?
The arraignment is the first formal court appearance where charges are read and a plea is entered. In felony cases the arraignment is followed by a preliminary hearing — a separate proceeding where the prosecution must present sufficient evidence to convince a judge there is probable cause to hold the defendant for trial. The preliminary hearing can involve witness testimony, cross-examination, and legal argument. It is a significant opportunity to challenge the prosecution's case before trial.
Available 24/7 — Free Consultation
Charged with Arraignment in California? Call Rubin Law Now.
Daniel S. Rubin defends clients facing criminal defense process charges throughout Los Angeles County. Your first consultation is free and confidential.