What Happens at Arraignment in CaliforniaCalifornia Penal Code § 988 et seq.
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What Is an Arraignment?
An arraignment is your first formal court appearance after being charged with a crime in California. At the arraignment, the judge reads the charges against you, you enter a plea (guilty, not guilty, or no contest), and the court determines bail or release conditions. For misdemeanors, arraignment typically occurs within 3 business days of arrest if you are in custody, or at the time of your first scheduled court date if you are out of custody. For felonies, arraignment must occur within 48 hours of arrest if you are in custody.
What Happens at Arraignment
At your arraignment, the judge will read the charges, advise you of your constitutional rights including the right to counsel, accept your plea, set or deny bail, and schedule your next court date. If you cannot afford an attorney, the court will appoint a public defender. You should always have an attorney present at arraignment — the decisions made at this hearing significantly affect the rest of your case.
Entering Your Plea
At arraignment, you will be asked to enter a plea. A not guilty plea is almost always the appropriate choice at this stage, regardless of the facts. Entering a not guilty plea preserves all your rights and options. It does not mean you are claiming innocence — it means you are exercising your right to a full defense process. A plea can always be changed later; entering guilty too early forfeits all your leverage.
Bail at Arraignment
The judge will determine whether to release you on your own recognizance (OR release), set bail, or deny bail entirely. Your attorney can argue for lower bail or OR release by presenting factors such as your community ties, employment, lack of prior record, and the non-violent nature of the charges. An experienced attorney can make a significant difference in the bail amount set at arraignment.
Why You Need an Attorney at Arraignment
Too many people show up to arraignment without an attorney, not realizing how consequential this first hearing is. Your attorney can negotiate with the prosecutor before the hearing, potentially resolving minor charges or obtaining favorable bail conditions before you even step before the judge. Arraignment is not a formality — it is the first opportunity to begin shaping your case's outcome.
Contact Virtuoso Law Immediately
If you have an arraignment scheduled, call Virtuoso Criminal and DUI Lawyers at (833) 666-5245 right away. We are available 24/7 and can often appear with you on short notice.