An arraignment is the first formal court appearance after criminal charges are filed. It is the stage where:
Arraignments are governed by several statutes, including:
Arraignment procedure in felony cases
Defendant’s required presence
Felony arraignment after arrest
48-hour rule for in-custody defendants
An arraignment is procedural — but strategically important.
Under Penal Code §825, an arrested person must be brought before a magistrate within 48 hours (excluding weekends and court holidays).
At that hearing, the case is typically arraigned if charges have been filed.
If someone was cited and released or arrested and bailed out, the arraignment date will be:
In some cases, charges are filed weeks or months after an arrest, and a summons or arrest-warrant is mailed to the defendant.
The court states the charges filed in the complaint or information. These charges reference specific code sections (e.g., Penal Code, Vehicle Code, Health & Safety Code).
The defendant has the right to receive a copy of the charging document.
The defendant typically enters one of three pleas:
In most cases, a not guilty plea is entered to preserve rights and begin the discovery process.
If the defendant is in custody, the judge will:
If out of custody, bail may still be reviewed.
Bail decisions are governed in part by Penal Code §§1269b and 1270.
In certain cases — particularly domestic violence, firearm, or violent offenses — the court may issue:
These are often issued at arraignment and can significantly impact daily life.
The court schedules:
Pretrial conference
Preliminary hearing (felony cases)
Motion dates
Felony cases may proceed to a preliminary hearing within statutory time limits under Penal Code §859b.
In the majority of cases–an arraignment hearing lasts less than 1 minute.
An arraignment is not:
It is an administrative starting point but it can set the tone for the case.
Although brief, arraignments matter.
They can influence:
In certain misdemeanor cases, counsel can appear on behalf of a client under Penal Code §977, allowing the defendant to avoid personally attending.
After arraignment, the case enters the pretrial phase.
This typically includes:
The decisions made at arraignment often shape how these next steps unfold.
“If I plead not guilty, it means I’m going to trial.”
“Arraignment is just paperwork.”
“The charges can’t change after arraignment.”
An attorney can:
In some cases, early engagement before arraignment can even influence what charges are formally filed.
An arraignment in California is the formal start of the court process after charges are filed.
It involves:
It is procedural — but it is also the first opportunity to influence the direction of the case.
If you or a family member has an upcoming arraignment in California — and you want a defense review focused on the specific charges filed, bail exposure, and strategic positioning at the first court appearance — you can send your information to me here:
Criminal Defense Overview
A California criminal case does not move in one straight line. Cases begin with an investigation or arrest, but many never reach trial. Some are rejected before filing. Some resolve at arraignment. Some felony cases are narrowed or dismissed at the preliminary hearing. Others proceed all the way through jury trial.
Still, there is a classic path. If you understand that path, it becomes much easier to understand what is happening in your own case and why timing, charging decisions, and defense strategy matter so much for the fate of a case.
This page is my attempt to illustrate the usual lifecycle of a California criminal case from arrest through jury trial and to highlight the major differences between misdemeanor and felony procedure.
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An arraignment is the first formal court appearance after criminal charges are filed. It is the stage where:
A preliminary hearing (often called a “prelim”) is a court proceeding in felony cases where a judge determines whether there is enough evidence to require the defendant to stand trial.
It is not a trial. It is a screening mechanism to weed out baseless charges or narrow the scope of a future jury trial.
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A jury trial is the stage of a criminal case where the prosecution must finally prove its case beyond a reasonable doubt to a group of citizens. It is the highest burden in the legal system—and the one that actually decides guilt or innocence.
Everything that comes before it—arrest, charging, arraignment, pretrial motions, and even the preliminary hearing—is about whether the case can proceed to this stage. The jury trial is where the case is won or lost.
If you are facing criminal charges in California, understanding how a jury trial actually works—and how it is different from everything leading up to it is critical.
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