An arraignment is the first formal step in the California criminal court process after you’ve been charged with a crime. It can feel intimidating, especially if you’ve never been in court before, but knowing what to expect can make the process less stressful.
What is an arraignment?
At its core, an arraignment is not a trial. No evidence is presented and no witnesses are called. Instead, it is strictly a procedural hearing to inform you of the charges against you, to enter a plea, and to set the next hearing date.
1. Being Informed of the Charges
When your name is called, you’ll stand before the judge. The judge will read or summarize the formal charges filed against you and explain the potential penalties. This ensures that you fully understand what the state is alleging. Your attorney may waive a formal reading if you already know the charges from the complaint.
Your attorney will have already reviewed the paperwork and discussed the charges with you beforehand so there are no surprises when you step into court.
2. Entering a Plea
After you are informed of the charges against you, your attorney will enter a not-guilty plea on your behalf. In almost all cases, a skilled defense attorney will advise entering a not-guilty plea at this stage. This allows time to review the prosecution’s evidence, file motions, negotiate with the district attorney, and build a strong defense.
Entering a not-guilty plea does not mean you’re denying responsibility forever—it simply preserves your rights and gives your attorney room to work on your behalf.
3. Bail or Release Conditions
Next, the court will address your release status pending trial.
The judge considers factors such as:
- The severity of the alleged offense
- Your criminal history (if any)
- Your ties to the community
- The likelihood of appearing for future hearings
- Public safety
Your attorney can argue for release on your own recognizance (O.R.), meaning you do not have to pay a bail agent to post a bail bond.
4. Scheduling the Next Court Date
Finally, the court will set your next appearance. In Riverside county, these are called Felony Settlement Conferences (FSC), and they often involve a pretrial hearing or a status conference. Between your arraignment and the FSC is the time when your attorney will review the police reports, meet with you to discuss the same, analyze the police reports, and analyze the evidence.
5. How to Prepare
In preparation for your arraignment:
- Contact an attorney immediately if you don’t have representation.
- Plan on arriving early and dressing respectfully.
- When you arrive, do not speak to anyone, prosecutors or law enforcement, without your attorney present.
Having a knowledgeable criminal defense attorney with you ensures that your rights are protected, your bail argument is presented properly, and you understand each step before it happens.
What Happens After My Arraignment?
Once your arraignment is complete, your case moves into the pretrial stage. This is where most of the real legal work begins. Your attorney will receive the prosecution’s evidence—often called “discovery”, which may include police reports, witness statements, body-worn camera footage, chemical test results, and any other materials the state intends to use.
During this period, your attorney will evaluate the strength of the evidence, identify legal issues, and determine whether any constitutional violations occurred during your stop, search, arrest, or questioning. In some cases, if appropriate, your attorney will file motions to suppress evidence, challenge how it was obtained, or argue for certain charges to be dismissed.
You will have numerous pretrial hearings where your attorney meets with the prosecutor and the judge to discuss the status of the case. In this stage, negotiations regarding resolutions will occur.
If the parties cannot reach a resolution, your case will proceed to preliminary hearing if the case is a felony. If your case is a misdemeanor, it will proceed to trial. However, an extremely low percentage of cases actually go to trial.
Should I Hire an Attorney Before My Arraignment?
The short answer is yes. Hiring an attorney before your arraignment is one of the most important steps you can take to protect your rights. The earlier you have legal representation, the better positioned you are to navigate the system and avoid costly mistakes.
An attorney will stand shoulder-to-shoulder with you in court to make sure your rights are protected. It is important to point out that at this stage, it is better to be proactive than reactive.
If you appear without the attorney of your choosing, you may feel pressured to make quick decisions without fully understanding the consequences. An experienced Riverside County criminal defense attorney ensures your arraignment goes smoothly, preserves your defenses, and places you in the best possible position as your case moves forward.
The Bottom Line
Although the arraignment is merely a procedural hearing, one of the most important measures is decided here: the decision as to whether a defendant will be in or out of custody during the pendency of the case. Clearly, having a client released from custody is the optimal scenario.
Of secondary importance, the court and the prosecution will recognize that you have competent representation who will fight for your rights.
Contact our attorney now to discuss your case and make sure you’re prepared for your arraignment.