Arraignment in a Criminal Case

What is arraignment?

An arraignment is a court hearing at which the court informs an individual accused of a public offense of the charges. The court also provides the individual with a copy of the accusatory pleading (an information or complaint).

When is arraignment?

Arraignment is the first court date in a criminal case. However, with felony charges, the defendant is also arraigned after a preliminary hearing (if defendant is “held to answer”).

An arraignment must take place no more than 2 calendar days after arrest if the defendant is in custody (Penal Code § 825). Sundays and holidays are not counted. If the defendant is out of custody, the prosecutor has 25 days to file a complaint. There is no deadline for arraignment when the defendant is out of custody (other than the statute of limitations).

Failure to comply with arraignment deadlines

If the prosecutor fails to comply with the deadlines, it does not necessarily mean the case will be dismissed. If, on the other hand, the delay prejudices the defendant, the judge could dismiss the case.

The judge can also dismiss a criminal case if the prosecutor fails to prosecute the case in a timely manner. Further, the prosecutor must comply with the statute of limitations – the deadline for bringing criminal charges (see Penal Code §§ 799-805). Failure to comply with the statute of limitations is grounds for dismissal of a criminal case.

How do I find my arraignment date?

The arraignment date will be on the citation from law enforcement. If law enforcement did not issue a citation, the date can be found on the bail or OR release paperwork.

What else happens?

Many other important events occur at the arraignment, including:

Appearance by defendant

The defendant is required to be present at the arraignment if charged with a felony or domestic violence charges.

Failure to appear at arraignment

If the defendant fails to appear, the judge can issue a bench warrant for the defendant’s arrest.

Advisement of Rights

If the defendant does not have an attorney, the court will advise the defendant of their constitutional rights. These include the right to an attorney, the right to a speedy jury trial, the right to present witnesses and evidence, the right to cross-examine witnesses, and the privilege against self-incrimination.

Plea

At arraignment, the defendant enters a plea. There are 6 types of pleas in California (see Penal Code § 1016). They are:

Demurrer

Demurrers are used to challenge defects that appear on the face of the accusatory pleading. The defendant may demur to a pleading instead of entering a plea if one of the grounds under Penal Code § 1004 exist.

• Grand jury lacked legal authority;
• Court lacks jurisdiction;
• Pleading does not conform to Penal Code §§ 950 and 952;
• Multiple offenses are charged and they do not meet the requirements of Penal Code § 954;
• The facts in the pleading do not constitute a public offense;
• That the facts in the pleading make a legal justification or excuse, or otherwise bars prosecution.

True Name

The defendant has the opportunity to provide their true name at arraignment. However, the defendant is not required to provide their true name (Penal Code § 989).

Protective order

The court can issue an order to protect the victim or witnesses. This happens in most domestic violence cases. The protective order can prohibit all contact between the defendant and the victim. Or, it can allow for peaceful contact. The court can also issue an order to prevent the police reports from being disclosed to anyone.

Bail

The court must set bail at the defendant’s first court appearance (if the offense is bailable).

Conditions of release

The court can set conditions of release for both in-custody and out-of-custody defendants. The conditions must necessary to ensure the safety of the public or to guarantee that the defendant appears in court.

Diversion

The defendant or their attorney can request diversion, if any diversion programs are available.