Your First Court Date: What Happens at an Arraignment in California

When the arraignment happens

If you are in custody after an arrest, Penal Code section 825 generally requires that you be brought before a judge without unnecessary delay and within 48 hours, not counting Sundays and holidays. If you were released with a citation or after posting bail, the date of your first appearance is printed on your citation or release papers.

Missing the arraignment can lead to a bench warrant. If the date is close and you have no lawyer yet, go anyway and tell the judge you want to speak to an attorney.

What happens in the courtroom

According to the California Courts self-help guide, the judge tells the defendant what they are charged with and what their constitutional rights are, including the right to a lawyer, to remain silent, to a speedy trial and to a jury trial. If the defendant cannot afford a lawyer, the judge can appoint one, typically a public defender. A defendant who does not understand English is entitled to an interpreter at no cost.

The defendant is then asked how they plead. The most common pleas are guilty, not guilty and no contest. The self-help guide advises talking to a lawyer before pleading guilty or no contest, because a conviction can have consequences beyond jail, such as immigration consequences for non-citizens and limits on some jobs.

If the defendant is in custody, the judge decides whether they will be released on their own recognizance, released with supervision, held on bail or held without bail. In some cases the judge also issues a criminal protective order that requires the defendant to stay away from a victim or witness.

• Bring your citation, release papers and any bail receipt.
• Do not discuss the facts of the case in the hallway or with other defendants.
• If you are not a US citizen, tell your lawyer before any plea.

What comes next

If you plead not guilty, the judge sets the next court dates. In a misdemeanor case that is often a pretrial conference. In a felony case it is usually a preliminary hearing, where a judge decides whether there is enough evidence to go to trial. In many misdemeanor cases an attorney can appear for you at some hearings; in others, such as some domestic violence cases, the law requires you to be there in person. A criminal defense attorney can explain the timeline in your county and which dates you must attend.