Process Of An Arraignment In California
Many people don't understand what an arraignment is, the actual process, and what significance it plays in a criminal case in LA. I've been doing this for twenty-five years. I've done thousands of arraignments on the criminal cases I've represented for my clients. The arraignment is the first official appearance in court for a criminal defendant,, and a lot of different things can be done.
First, before the arraignment, you and the client need to get together and talk about the case and get a strategy together depending on what court you're in so the attorney knows exactly what they will do at the arraignment. One thing you can do is continue the arraignment.
You're putting off entering a plea—a not-guilty plea, a guilty plea, or a no-contest plea—and you're going to review everything, talk to your client, and then decide what to do at the arraignment when you come back for the next court date.
Some courts will let you do that; some courts won't let you do that. You've got to determine strategically if that makes sense for your client based on the circumstances of their case.
I've had some cases where it's questionable whether my client was sane at the time of the alleged crime. In that circumstance, I'm going to continue the arraignment. I want to have my client evaluated before we enter any plea because we may enter not guilty because of insanity.
You can go off on different tangents depending on precisely what happened in the case, where your client stands, and your strategy.
Setting Bail
Also, at the arraignment, the judge will typically set bail. So, the judge could release the defendant on their recognizance; the judge could make them put a scram bracelet on their ankle so they can't drink alcohol. The judge can do all sorts of things, depending on the case's circumstances.
But if the judge sets bail and the client has already posted that bail, the client will get to go home, which will be the end of it. But if the judge sets bail and the client hasn't posted bail or a judge sets a bail higher than what the client posted, that client's going into custody. So, you need to know that in advance of the arraignment.
What I do in those circumstances is I've got a bail bondsman in court, so if the judge sets bail and the client doesn't have bail, they were released on their recognizance, then we'll have the bail bondsman.
We'll ask the judge if the client can wait in court while the bondsman posts the bail; then, the client will not be inconvenienced, taken away, or put in jail while waiting to get out from the bail bondsman. So, that's one big thing that happens at the arraignment. The judge will set the bail in the case.
Own Recognizance Release
Also, there can be an argument that the defendant should be released on their recognizance. That's when the court releases them on a promise from them to appear. They don't have to pay any money. They don't need a bail bond agent; sometimes, that can be done free and clear, and the person is on their way.
They have to make sure they show up at the next court appearance. Other times, like in DUI cases, sometimes the judge will say, I will release your client on their recognizance, but because they had a high blood alcohol level, I want them to do one AA meeting a day while they're out, to remind them not to drink and remind them not to drink and drive. So, there are all sorts of angles and things that can happen.
Enter a Plea
Also, at the arraignment, you'll typically enter your plea. So, if you enter a not-guilty plea, you will be sent out of the arraignment court into one of the preliminary hearing courts if it's a felony and into one of the trial courts if it's a misdemeanor. So, you have to bear that in mind — make sure that fits in your strategy to represent your client best, and if it does, you enter the not-guilty plea and move on.
Sometimes, you don't want to enter a not-guilty plea. Some of the arraignment courts do early disposition programs in that court, so you wouldn't want to move yourself out of there. You'd like to stay there to try to negotiate with the prosecutors and see if you can get something that you think is fair for your client as a criminal defense attorney.
There's all sorts of stuff going on at the arraignment. Sometimes, the prosecutors will offer to settle the case at the arraignment. I've even seen cases resolved at the arraignment. All of it is strategic. It has to do with being prepared, coming into the arraignment process with a game plan in mind, and then executing it so your client ends up with the best possible result.
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