Being arrested or learning that criminal charges have been filed against you can bring a flood of questions. One of the first court appearances you may encounter is an arraignment.
An arraignment may seem like a relatively short hearing, but it is an important stage of a California criminal case. This is where you formally learn what charges have been filed, are advised of your rights, enter a plea, and may have decisions made regarding your release while the case is pending.
For someone facing criminal charges in Los Angeles, understanding what happens at an arraignment can make the process less confusing and help you prepare for what comes next.
What Is an Arraignment in a California Criminal Case?
An arraignment is generally the defendant’s first formal appearance before a judge after criminal charges have been filed.
During the hearing, the court informs the defendant of the charges against them and advises them of important constitutional rights. These include the right to an attorney, the right to remain silent, the right to a jury trial, and the right to confront witnesses who testify against them. If a defendant cannot afford an attorney, the court can appoint one.
The arraignment also marks the point at which the defendant is normally asked to enter a plea.
Although this may be an early stage of the case, decisions made around the time of an arraignment can influence how the defense proceeds.
What Pleas Can Be Entered at an Arraignment?
The most common pleas in a California criminal case are:
Not guilty: The defendant contests the charges and the case moves forward through the criminal court process.
Guilty: The defendant admits to the offense.
No contest: Also known as nolo contendere, this means the defendant does not contest the charge.
Entering a guilty or no contest plea can carry consequences far beyond immediate criminal penalties. Depending on the charge and the defendant’s circumstances, a conviction may affect employment, professional licensing, immigration status, firearm rights, and other areas of life.
California Courts advises defendants to speak with an attorney before pleading guilty or no contest.
In many cases, a defendant represented by counsel will enter a not guilty plea at the initial arraignment while the defense obtains and reviews the evidence.
Will Bail Be Decided at the Arraignment?
Release conditions may also be addressed during an arraignment, particularly when the defendant remains in custody.
Depending on the circumstances, a judge may release someone on their own recognizance, impose supervised release conditions, set bail, or order continued detention when legally permitted.
In deciding release conditions, the court may consider factors such as the charges involved, public safety, the likelihood that the defendant will return to court, and the defendant’s history.
Because release decisions can have an immediate impact on a defendant’s ability to continue working, care for family, and assist with their defense, this can be one of the most significant issues addressed at an early court appearance.
What Happens After an Arraignment?
What comes next depends partly on whether the case involves misdemeanor or felony charges.
In a misdemeanor case, the court will generally schedule additional pretrial proceedings. During this stage, attorneys may review discovery, discuss possible resolutions, investigate the allegations, and file appropriate motions.
Felony cases normally include an additional stage known as a preliminary hearing. At a preliminary hearing, the prosecution presents evidence and a judge determines whether there is sufficient evidence for the felony case to continue. The hearing is not a trial and does not determine whether the defendant is guilty.
If the judge finds sufficient evidence, the defendant is “held to answer.” The prosecution then files a document called an Information, and another arraignment occurs on those felony charges.
Every criminal case follows its own path. Some cases are resolved through negotiations, some may be affected by pretrial motions, and others ultimately proceed to trial. California Courts notes that not every criminal case goes through every possible stage and that many cases never reach trial.
Why the Arraignment Matters to Your Defense
It can be tempting to think of an arraignment as a procedural formality. From a defense perspective, however, the work surrounding the first court appearance can be extremely important.
An experienced criminal defense attorney may already be evaluating the complaint, police reports, witness statements, available video, digital evidence, and other information connected with the allegations.
Early defense preparation may also identify legal issues that require additional investigation.
Were statements obtained unlawfully?
Was a search conducted without legal justification?
Does the physical or digital evidence actually support the allegations?
Are witness accounts inconsistent?
Could surveillance footage, records, messages, or other evidence provide additional context?
The sooner these questions are examined, the more opportunity the defense may have to preserve important evidence and develop a strategy before the case progresses.
Facing an Arraignment in Los Angeles?
If you have been arrested or notified that criminal charges have been filed, you do not have to wait until your case is deep into the court process to begin thinking about your defense.
Simmons & Wagner represents individuals facing criminal allegations throughout Southern California. With more than 56 years of combined experience as former prosecutors and more than 200 jury trials, Scott Simmons and Dan Wagner understand how criminal cases are investigated, filed, negotiated, and tried.
Early legal representation can provide an opportunity to understand the charges, review the evidence, prepare for the arraignment, and begin developing a defense strategy from the outset.
If you are facing criminal charges or an upcoming arraignment in Los Angeles, contact Simmons & Wagner to schedule a confidential consultation and discuss the circumstances of your case.