An arraignment is the first formal court appearance after criminal charges are filed. It is the stage where:
Arraignments are governed by several statutes, including:
Arraignment procedure in felony cases
Defendant’s required presence
Felony arraignment after arrest
48-hour rule for in-custody defendants
An arraignment is procedural — but strategically important.
Under Penal Code §825, an arrested person must be brought before a magistrate within 48 hours (excluding weekends and court holidays).
At that hearing, the case is typically arraigned if charges have been filed.
If someone was cited and released or arrested and bailed out, the arraignment date will be:
In some cases, charges are filed weeks or months after an arrest, and a summons or arrest-warrant is mailed to the defendant.
The court states the charges filed in the complaint or information. These charges reference specific code sections (e.g., Penal Code, Vehicle Code, Health & Safety Code).
The defendant has the right to receive a copy of the charging document.
The defendant typically enters one of three pleas:
In most cases, a not guilty plea is entered to preserve rights and begin the discovery process.
If the defendant is in custody, the judge will:
If out of custody, bail may still be reviewed.
Bail decisions are governed in part by Penal Code §§1269b and 1270.
In certain cases — particularly domestic violence, firearm, or violent offenses — the court may issue:
These are often issued at arraignment and can significantly impact daily life.
The court schedules:
Pretrial conference
Preliminary hearing (felony cases)
Motion dates
Felony cases may proceed to a preliminary hearing within statutory time limits under Penal Code §859b.
In the majority of cases–an arraignment hearing lasts less than 1 minute.
An arraignment is not:
It is an administrative starting point but it can set the tone for the case.
Although brief, arraignments matter.
They can influence:
In certain misdemeanor cases, counsel can appear on behalf of a client under Penal Code §977, allowing the defendant to avoid personally attending.
After arraignment, the case enters the pretrial phase.
This typically includes:
The decisions made at arraignment often shape how these next steps unfold.
“If I plead not guilty, it means I’m going to trial.”
“Arraignment is just paperwork.”
“The charges can’t change after arraignment.”
An attorney can:
In some cases, early engagement before arraignment can even influence what charges are formally filed.
An arraignment in California is the formal start of the court process after charges are filed.
It involves:
It is procedural — but it is also the first opportunity to influence the direction of the case.
If you or a family member has an upcoming arraignment in California — and you want a defense review focused on the specific charges filed, bail exposure, and strategic positioning at the first court appearance — you can send your information to me here: