What is an arraignment?

You or someone you care about has been charged with a crime, what should you expect at the initial hearing?

Being charged with a crime is a frightening ordeal that is foreign to most people. Life and liberty are at stake, in most cases it is made worse by the fact that nobody tells you what to expect. The first hearing in a criminal case in California is the Arraignment Hearing.

Arraignment Is An Important Stage of Every Prosecution

As a criminal defense attorney with years of experience I find that many defense attorneys treat arraignments as primarily a clerical event that has little or no effect on the final outcome of a case. However that is not entirely true. Criminal prosecutions in California begin with the filing of a complaint with the Superior Court by the District Attorney.

The complaint includes the charges the People must prove and any enhancements or special allegations. The complaint must be specific enough to allow the defense to prepare a defense against the charges. The dates alleged must be specific and the names of the defendants must be included on the complaint. 

A skilled defense attorney will review the complaint and determine if a demurrer should be entered. Demur means to object. In law school I was taught that a demurrer should be entered if you can say 'even if everything in the complaint was true, a crime still was not committed.'  Demurrers are rare but the defense attorney should read the complaint and rule out whether a demurrer is appropriate or not.

If a demurrer is not made then a plea will be entered. Before the plea is entered the defendant is entitled to have the charges and rights read out loud. In practice however the defendant usually waives formal reading of the charges and the rights, instead simply acknowledging the complaint and waiving the reading of constitutional and statutory rights. 

Not Guilty Plea

Regardless of whether a person is guilty or not, the initial plea is almost always 'Not Guilty.' A not guilty plea is entered because it allows for a review of possible defenses, discussion of sentences and consideration of potential outcomes. Then of course another reason someone would enter a plea of not guilty is because they are not guilty. 

Depending on whether the allegations are felonies or misdemeanors and depending on whether a person is in custody or out of custody certain speedy trial rights determine the next hearing. 

O.R. Request and Bail Hearings

At the same time a defendant is arraigned, the issue of custody status often comes up. If a defendant is in custody in California the defendant frequently asks to be released from custody. In 2009 California enacted some laws that requires that victims be given notice of bail hearings, therefore bail hearings are usually set for another day.

Once a judge rules on a bail request or a request to be released on 'Own Recognizance' (O.R.), the issue cannot be raised again unless there has been a change in circumstances. This means that a request to reduce bail or be released on O.R. should not be made unless it can be made thoroughly. The defense attorney should meet with the client and write a motion that includes all the arguments in favor of release or reduced bail.