If you've been arrested and charged with a crime, you've either posted bail or been cited with a ticket to appear in court. It would be best if you got a criminal defense attorney right away so you have an idea of what you're facing at the initial appearance.
First, your attorney will typically either continue the arraignment, which is the first court date, or enter a not-guilty plea on your behalf and set a new court date.
Another thing that will happen at your initial appearance is the judge will set bail. So, let's say you were arrested, and the police had you post a $25,000 bail.
Suppose the prosecutors file a charge that requires a bail higher than $25,000.00. In that case, they can make the argument at your initial appearance that you should be taken into custody and have to either post the higher bail or remain in custody while your case is pending.
This underscores the critical need for legal representation at the initial appearance. Your attorney will fight for you, ensuring fair treatment and preventing a situation where your bail is raised, and you are taken into custody.
Also, a lot of times, the police will arrest you and book you for one charge, and then they will change their mind and file a different charge against you.
That's one reason that a higher bail can be required. Also, if your case is serious or a particular type of case, the prosecutors may assign a special prosecutor to handle it.
That would typically be done at the initial appearance, so we would have to wait for that prosecutor to come and deal with the case. Our Los Angeles criminal defense attorneys will review further below.
Arraignment Process in California Criminal Courts
In a California criminal case, the defendant's first court appearance is usually an arraignment. Several steps will be taken at the arraignment, which a defendant should know.
The arraignment is the first stage of court proceedings and a defendant's first appearance before a judge. At the hearing, they will be told of the criminal charges that have been filed against them and asked to enter a plea.
Defendants will be provided with a copy of the criminal complaint and police reports. Next, the issue of bail can be argued before the judge. If the defendant enters a “not guilty” plea, the judge will schedule a future court date. If charged with a misdemeanor crime, the judge will set a pretrial date.
If charged with a felony offense, the case will be set for a preliminary hearing, or it could be sent to an early disposition court to resolve the case.
Two different arraignments could occur in a felony case. The first arraignment takes place after the criminal charges have been filed.
The second will occur after the preliminary hearing if the defendant is held to answer the criminal charges, which almost always happens.
How Long Can I Be Held in Custody After Arrest?
After being arrested for a crime, a person cannot be held in custody for more than 48 hours without going to court, not including weekends or holidays.
After an arrest, a defendant could be released by law enforcement and given a later court date to appear, or they could post bail. If they are required to post bond, they will be given a future court date to appear.
On felony charges, defendants must personally appear in court for their arraignment. On misdemeanor charges, defendants can make the court appearance on their behalf under California Penal Code 977(a) PC.
What is the Importance of an Arraignment?
The primary purpose of an arraignment is so the defendant can enter their initial plea to the charges against them. Before this, however, the California criminal court has to tell the defendant of the charges against them and their legal rights, including constitutional rights and statutory rights such as armed services and veteran's rights.
In most criminal cases, defendants will waive the formal reading of these items to speed up the process because their lawyer has already given them all this information before the arraignment hearing.
Defendants have three initial plea options at the arraignment: “not guilty,” “guilty,” or “demur.” The most common plea is a not guilty plea.
After entering a not-guilty plea, the judge will set the matter for a pretrial hearing or an early disposition conference in a misdemeanor case.
As noted above, in the case of a felony, the court will set the matter for a preliminary hearing setting date or an early disposition conference.
Entering a not-guilty plea at arraignment is usually required to receive additional discovery beyond the police reports that the prosecutor gave at the arraignment. Put simply, many District Attorney's Offices will not process any discovery requests until after arraignment.
Why Do I Need an Attorney at Arraignment?
So, there's a whole host of things that can happen at that initial appearance. You want to hire an attorney before the initial impression. Don't just leave things to chance.
Your criminal defense attorney will make strategic decisions regarding your bail, charges, court procedures, and case handling. This guidance is crucial for navigating the complex legal system and ensuring the best possible outcome for your case.
These are all questions that will be discussed, thought about, and planned when it comes to your initial court appearance. If you want the best if you're charged with a criminal case, pick up the phone. Ask for a meeting with Ron Hedding. I stand ready to help you.
Hedding Law Firm, based in Los Angeles County, is here to support you. We serve people throughout Southern California and offer a free case consultation.
