An arraignment is your first formal court appearance after an arrest in California, and it sets the tone for everything that follows in your case. If you’ve been charged with a crime and don’t know what to expect, the Los Angeles criminal defense attorneys at Manshoory Law Group can walk you through the process and protect your rights from day one.
Below, we break down what an arraignment is, when it happens, what pleas you can enter, how bail is decided after the In re Humphrey decision, and why having a lawyer at this stage matters more than most defendants realize.
What Is an Arraignment in California?
An arraignment is the hearing where a judge formally tells you what crime you’re being charged with and asks how you want to plead. It is the official starting line of the criminal court process. At this hearing, three things happen:
- The judge reads the charges filed by the District Attorney or City Attorney (most defendants and their lawyers waive the formal reading).
- You’re advised of your constitutional rights, including the right to an attorney, the right to a jury trial, the right to confront witnesses, and the right against self-incrimination.
- You enter a plea, either guilty, not guilty, or no contest (nolo contendere).
The judge will also address bail, protective orders, and the schedule for future hearings, including a preliminary hearing if you’re facing felony charges.
The 48-Hour Rule: How Soon Must an Arraignment Happen?
Under California Penal Code § 825, anyone held in custody after an arrest must be brought before a judge within 48 hours, excluding Sundays and court holidays. If you were arrested on a Wednesday after court closed and Wednesday isn’t a holiday, you must be arraigned by that Friday. Saturdays are treated as court holidays for this calculation.
This deadline exists to protect you. The longer the state can hold you without charges, the more time investigators have to build a case while you sit in jail. Unnecessary delay can be grounds to challenge statements you made in custody and, in rare cases, to seek dismissal.
If you posted bail or were released on a citation before charges were filed, you are out of custody and the 48-hour rule does not apply to you. In that situation, your arraignment is typically scheduled 10 days to several weeks after the arrest, depending on the county and the charge.
What Pleas Can You Enter?
At a California arraignment, you have four main options:
- Not guilty: the standard plea, and almost always the right call at this stage. It preserves every right you have and gives your attorney time to review discovery, interview witnesses, and negotiate.
- Guilty: an admission of the charges. The judge can sentence you on the spot in misdemeanor cases.
- No contest (nolo contendere): accepts the consequences without formally admitting guilt. Useful when a civil lawsuit might follow (for example, after a DUI involving injury), because a no-contest plea to a misdemeanor cannot be used as an admission in a related civil case.
- Not guilty by reason of insanity: rarely used and requires specific procedures.
If you stay silent or refuse to plead, the judge will enter a not guilty plea on your behalf.
Bail After the Humphrey Decision
This is one of the biggest changes to California arraignments in recent years. Before 2021, judges typically set bail using a fixed county bail schedule, which often left people stuck in jail simply because they couldn’t afford to pay.
In In re Humphrey (2021), the California Supreme Court ruled that a judge must consider a defendant’s ability to pay before setting cash bail. Detaining someone solely because they can’t afford bail violates due process and equal protection. The court must also consider non-monetary alternatives, such as release on your own recognizance (OR), supervision, or electronic monitoring, and can only order detention without bail when there is clear and convincing evidence that no other condition will protect public safety or guarantee your appearance.
In practice, this means your attorney can argue for a reduced bail amount or OR release at the arraignment based on:
- Your financial situation
- Your ties to the community, family, and employment
- Your criminal history (or lack of one)
- The nature of the charges and any victim-safety concerns
- Whether less restrictive conditions would accomplish the same goal
If your bail was set high before the arraignment, this is also the first real opportunity to ask the court to have it lowered. To learn more about California’s bail system and how amounts are set, see our guide on how the bail system works in California and our breakdown of when and how to get your bail amount reduced.
Felony vs. Misdemeanor Arraignments
The arraignment process differs depending on the charge level.
For misdemeanors, the hearing is usually brief. Under Penal Code § 977, your attorney can appear on your behalf for most misdemeanors, so you don’t have to take time off work or arrange childcare. The main exceptions where you must appear personally are domestic violence cases, DUIs (especially DUI with injury), and violations of certain protective orders.
For felonies, you must appear in person unless you sign a written waiver the court accepts. After you enter a not-guilty plea, the court schedules a preliminary hearing, which under Penal Code § 859b must occur within 10 court days unless you waive that timeline. At the preliminary hearing, the prosecution has to show probable cause to send the case forward. If the case is held to answer, you’ll be arraigned a second time in the trial court on the formal charging document.
What Happens If You Miss Your Arraignment?
Failing to appear is a serious problem. The judge will almost always issue a bench warrant for your arrest, and you can face new charges for bail jumping (failure to appear) under Penal Code §§ 1320 and 1320.5, separate charges on top of the original case. If you missed an arraignment, contact a defense attorney immediately. In many cases a lawyer can walk you back in voluntarily and ask the court to recall the warrant before you’re picked up.
Why You Need a Defense Attorney at Your Arraignment
A lot of defendants assume arraignment is just a formality. It isn’t. The decisions made in this short hearing affect bail, custody status, protective orders, and your ability to prepare a defense for everything that follows. An experienced criminal defense lawyer can:
- Argue for OR release or reduced bail under Humphrey
- Push back on overly broad protective orders
- Identify defects in the complaint that may justify a demurrer or dismissal
- Begin plea discussions early when that helps your case
- Make sure you don’t say anything in open court that could be used against you later
Mistakes at arraignment are difficult to undo. Having counsel from the start is the most reliable way to protect your record, your freedom, and your future.
Frequently Asked Questions About California Arraignments
How long after arrest does an arraignment happen in California?
If you’re held in custody, your arraignment must take place within 48 hours of your arrest, excluding Sundays and court holidays, under California Penal Code § 825. If you posted bail or were released on a citation, the arraignment is typically scheduled 10 days to a few weeks later, depending on the court and the charge.
Can I go to jail at my arraignment?
Yes, it’s possible. You can be taken into custody at arraignment if the judge sets bail you can’t afford, denies bail entirely, finds you a flight risk, discovers an outstanding warrant or probation violation, or if you plead guilty to a charge that carries mandatory jail time. Most defendants in misdemeanor cases, especially first offenses, leave the same day, but felony cases carry significantly higher risk.
Should I plead guilty or not guilty at my arraignment?
In almost every case, the answer is not guilty. A not-guilty plea preserves all of your rights, gives your attorney time to review the evidence, and keeps every option open, including a later plea deal on better terms. Pleading guilty at the arraignment locks you in before you or your lawyer has seen the prosecution’s full case. You can always change your plea later if a favorable resolution is reached.
Do I have to appear in person at my arraignment in California?
It depends on the charge. For most misdemeanors, your attorney can appear on your behalf under Penal Code § 977, meaning you don’t have to miss work or arrange childcare. The main exceptions where you must personally appear are domestic violence cases, DUI cases (especially DUI with injury), and violations of certain protective orders. For felonies, you generally must appear in person unless you sign a written waiver the court accepts.
What happens after the arraignment?
For misdemeanors, the case moves into pretrial hearings where your attorney and the prosecutor exchange discovery and discuss potential resolutions. If no deal is reached, the case is set for trial. For felonies, the next step is a preliminary hearing within 10 court days under Penal Code § 859b, where the prosecution must show probable cause. If the case moves forward, you’ll be arraigned a second time in the trial court on the formal charging document, and the pretrial process continues from there.
What if I miss my arraignment?
The judge will issue a bench warrant for your arrest, and you can be charged separately with failure to appear under Penal Code §§ 1320 or 1320.5, on top of your original charges. If you’ve missed an arraignment, contact a criminal defense attorney immediately. In many cases, a lawyer can bring you back in voluntarily and ask the court to recall the warrant before law enforcement picks you up.
Talk to a Los Angeles Criminal Defense Attorney Today
If you or a loved one has been arrested and is facing an arraignment in Los Angeles, Orange County, or anywhere in Southern California, the criminal defense lawyers at Manshoory Law Group are available 24/7. Our team focuses exclusively on criminal defense, and we appear in arraignment courts across the region every week.
Consultations are always free, and flexible payment plans are available. Call 877-977-7750 today or contact us online to discuss your case.