Arraignment under California Law: Five Facts You Should Know

Oct 28, 2015

An arraignment is one of the first steps to follow an arrest on criminal charges. If you have been arrested, here are five facts about the arraignment procedure in California that you should know.

First, an arraignment is typically the first time any information regarding an arrest is heard in a court. You will formally hear the charges filed in the case. You will also be advised of your rights under the U.S. Constitution.

Second, during the arraignment, the person arrested (in court terminology, the accused) will have a chance to plead not guilty, guilty, or no contest. In addition, any bail is set and a future court date to hear the case will be determined.

Third, if the arrest means that you must remain in custody (jail), California law specifies that you have to be arraigned within 48 hours after the arrest. (Weekends and holidays are not included, under the law.) If an unreasonable delay occurs between an arrest and the arraignment, it might be considered an unlawful detention.

Fourth, an arraignment hearing occurs when the prosecutor (usually from the District Attorney’s office or possibly the City Attorney’s office, depending on the charge) files formal charges.

Fifth, if you have been arrested for a felony, there will be two arraignments. The steps above outline what the law terms the initial arraignment. If the results of the preliminary hearing hold that you must answer on the charges, there will be a subsequent arraignment.

If you would like to discuss any aspect of an arrest or criminal charge, please contact us.

Category: Criminal Cases

Michael Mitchell

Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.

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Michael E. Mitchell, at the Mitchell Law Group, Inc., is one of the top DUI defense attorneys in Fresno, California. He has over a decade of experience handling DUI cases throughout the Central Valley, including in Clovis, Madera, Tulare, Visalia. He is a certified field sobriety instructor and practitioner under the standards of the National Highway Traffic Safety Administration (NHTSA) and is a member of the California DUI Lawyers Association. His advice and knowledge is, routinely, sought after by other attorneys practicing in the area of DUI defense. He is an expert in the area of DUI defense in both Federal, State, and on the Appellate level. If your looking for the best DUI Lawyer in Fresno to handle your case, give us a call today to see how we can put our knowledge to work for you.