7 Helpful Things to Know Before Attending Your Arraignment
Getting arrested can be a harrowing experience. Coming to court to deal with the fallout of that arrest can be just as stressful. Often, the not knowing of what happens next can be a source of anxiety.
If you or a loved one has been arrested and has an upcoming arraignment, read on to learn what to expect and, hopefully, gain a little peace of mind.
1. What is an arraignment?
When you are charged with committing a crime, you will have an initial court hearing known as the arraignment. At this hearing, the judge will inform you of the crime(s) you have been accused of and will ask you whether you admit the charge(s) against you (“plead guilty”) or deny them (“plead not guilty”).[i]
2. When does the arraignment occur?
If you were arrested and released from police custody, you should have received a citation informing you of your arraignment date.
However, if you were arrested and taken into custody, then you will be arraigned within 48 hours of your arrest, excluding weekends and holidays.[ii] For example, say you are arrested on Monday and taken into custody. You will be arraigned on Wednesday. But if you are arrested on Thursday, you won’t be arraigned until the following Monday because weekends do not count toward the 48-hour time period.
3. Can I get a lawyer to help me?
Every person accused of a crime is entitled to an attorney.[iii] If you’d like to hire a private attorney, the Court will give you time to do so. If you cannot afford an attorney, the Court will provide you with a government defense lawyer (known as a deputy public defender).[iv]
4. Can I get a lawyer to help me before my arraignment?
You can retain a private attorney before your arraignment. A benefit of doing so is that you may be able to avoid attending your arraignment (and possibly missing work to do so). The private attorney can appear in court on your behalf.[v] There are exceptions to this rule if your case involves domestic violence,[vi] DUI,[vii] or a felony.[viii]
A public defender, on the other hand, will not be appointed until your arraignment.
5. What happens if I don’t show up at my arraignment?
If you were arrested and released from police custody, and you (or an attorney on your behalf) fail to appear at your arraignment, then the Court can issue a bench warrant for your arrest.[ix]
6. Will I be released from custody?
If you are in custody at the time of your arraignment, the Court may release you and allow you to remain out of custody for the duration of your case.[x] This is known as a release on your own recognizance or an “O.R. release.” Whether you will be granted an O.R. release will depend on such factors as the nature of the charges against you, your criminal history, and the likelihood that you’ll appear at all future court hearings.[xi]
If you are ineligible for an O.R. release, the Court will set bail and you will be released from custody once your bail amount has been paid.[xii] Certain felonies involving violence and sexual assault are ineligible for bail.[xiii]
If you are denied an O.R. release, are not granted bail, or cannot pay your bail, then you will remain in custody until your case is resolved.
7. What happens after the arraignment?
Your defense attorney will conduct pretrial investigation. The prosecution and defense will exchange evidence regarding the case (such as police reports, witness affidavits, photographs, recorded statements, results of lab test results, etc.). If appropriate, defense counsel may set pretrial motions.
If the case cannot be resolved through a dismissal or an acceptable plea agreement, then the matter will proceed to trial. At trial, the prosecution must prove to a jury, beyond a reasonable doubt, that you are guilty of the crime that you’ve been accused of committing.
Conclusion
If you’d like to learn more about what to expect at your arraignment or how an attorney can help you navigate the court system, help is available. Contact former prosecutor Michael J. Ocampo to schedule your free, initial consultation.
[i] Penal Code §988.
[ii] Penal Code §825.
[iii] California Constitution, Article I, §15.
[iv] Penal Code §858(a).
[v] Penal Code §977(a)(1).
[vi] You must attend the arraignment when you are accused of domestic violence or violating a restraining order Penal Code §977(a)(2).
[vii] The Court may require you to appear at your arraignment if you were charged with misdemeanor DUI. Penal Code §977(a)(3).
[viii] You must be attend the arraignment if your matter involves a felony, unless you waive right to be present. This waiver must be in writing and filed with the Court. Penal Code §§977(b)(1), (c)(1).
[ix] This is because after you were arrested, released from police custody, and received a citation informing you of your arraignment date, you signed a promise to appear at your arraignment.
[x] Penal Code §1318.
[xi] Penal Code §§1270(a), 1275(a)(1).
[xii] California Constitution, Article I, §12; Penal Code §1271.
[xiii] California Constitution Article I, §12.
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
