If you've never been charged with a crime or you have a loved one who is being charged with a crime, and you've never had to deal with it, one of the first things you're going to hear talked about is an arraignment.

Basically, that's where the person appears in court.  They appear because they were given some sort of citation, the government sent them a letter to appear, or they're arrested and brought into

custody if they don't post bail. Then they would appear at the arraignment, or if arrested, post bail and are given a future court date in a Los Angeles County criminal court — it's usually about thirty to forty-five days ahead, depending on how busy the courts are. If in police custody, you have to be arraigned within 48 hours after arrest.

At the arraignment, the individual will be accompanied by their attorney. If they don't have an attorney, they can utilize the services of a public defender, provided they meet the financial criteria. This ensures that they have legal representation, a crucial aspect of the arraignment process, providing a sense of reassurance and security.

What is an Arraignment?

It's the first court appearance after charges have been filed against you. Your attorney will typically be given the paperwork, known as discovery, at the initial arraignment and discuss the case with the prosecutor.

Typically, a new court date is set at the arraignment.  You can either continue the arraignment or enter a not-guilty plea.  If it's a felony case, you will have to appear at arraignment. You can set it for a preliminary hearing, which is a proceeding where the prosecutor presents evidence to a judge to show that there is enough evidence to proceed to trial, or you can set it for what's called early disposition in some of the courts, where you're trying to see if you can resolve the case, or some of the courts call it pre-trial or preliminary hearing setting if the case is filed as a felony.

Suppose it's filed as a misdemeanor and you enter a not-guilty plea versus continuing the arraignment. In that case, they'll typically set a pre-trial date, and ultimately, you'll be entitled to have a trial within a relatively short amount of time.  A speedy trial, as guaranteed by the Sixth Amendment of the United States Constitution, usually means within sixty days of your arraignment.

Setting Bail

If bail hasn't been set at the arraignment, usually, when the attorney gets the paperwork, a complaint will be included within the prosecutor's discovery packet. The complaint, typically located on page two or three, depending on the number of charges filed, will state the prosecutor's recommended bail amount. The judge will review that, and at the time of the arraignment, the attorneys will argue for bail, after which the judge will make the final decision.

In Los Angeles County, when you go to an arraignment, and they set bail, they usually do so out of what's called a bail schedule. This essentially means that the judges have come together to determine the appropriate bail for each crime. The bail amount can be higher or lower than that, depending on what the judge decides is fair under the circumstances.

For purposes of arraignment and bail, the judge is to assume the charges are true when setting bail.  Whether they're true or not, whether the government has proved their case beyond a reasonable doubt, that's just simply the rule.  Most courthouses at the arraignment are not going to be negotiating the case.

The prosecutor, who represents the government in the case, will be present at the arraignment. They will have limited information about the case,  and sometimes, they may not even read the file.  Their role at the arraignment is to expect a not-guilty plea, argue for bail, and schedule a new court date.

Do You Have to Appear at Arraignment?

However, in some cases, your attorney may be able to attend the arraignment and attempt to resolve the case.  This possibility can bring a sense of hope and optimism, as it shows that the arraignment can be a significant step towards resolving the case.

But on some occasions, when the client's in custody, they can't bail out. The government has the goods on him, and if you can work out a resolution where they're released from custody that day, it sometimes tantalizes the client because they don't want to just sit in custody while waiting for their case to be resolved. Only some cases are like that.

Depending on the circumstances, that's definitely something to consider because you certainly don't want your client languishing in custody, unable to work, make money, or do anything while they're in custody.

So, sometimes, the arraignment is the right time to resolve the case; other times, it's not.  It's something to discuss with your attorney.  This emphasis on open communication and strategy can make the audience feel empowered and informed, knowing that every move is made in their best interest. Contact the Hedding Law Firm for help.