California criminal court arraignment hearing process at courthouse

What happens at an arraignment in California? If you have been arrested, the arraignment is typically your first court appearance and can feel intimidating and confusing. At this hearing, the judge formally reads the charges against you, asks how you wish to plead, and may decide whether you are released or held in custody.1

Posted by Richard Wagner
Originally Published: April 14, 2023 | Last Updated: March 2026

Understanding what happens at an arraignment in California is critical to protecting your rights and avoiding costly mistakes. Former prosecutor and Orange County Criminal Defense Attorney Richard Wagner explains the arraignment process, what to expect in local courts, and why having the right lawyer at this early stage can significantly influence the outcome of your case.

With more than 27 years of criminal defense experience and prior experience prosecuting DUI cases, Richard Wagner understands how prosecutors build cases and how early court appearances like arraignments can shape the direction of a criminal defense strategy.

If you have been arrested for driving under the influence, speaking with an experienced DUI Lawyer Orange County residents trust can help you understand the charges you face and prepare for your arraignment hearing.

In many DUI cases, defendants must act quickly to request a DMV hearing within 10 days of the arrest in order to challenge a potential driver’s license suspension.

What Happens at an Arraignment in California?

At an arraignment hearing in California, the judge formally informs the defendant of the criminal charges filed by the prosecutor, asks the defendant to enter a plea of guilty, not guilty, or no contest, and may address issues such as bail, release conditions, and future court dates. The arraignment is the first formal step in the California criminal court process and often sets the stage for how the case will move forward.

What Happens at an Arraignment in Orange County, California?

When a person is arrested in California, they have a right to know the charges the prosecutor filed against them. They also have a right to plead guilty or not guilty. This all happens at an arraignment.

It can be nerve-wracking for anyone, even those who have gone through this experience before and have been previously charged with criminal activity. Read More About DUI Arrests and Stress

Knowing what to expect can help relieve some stress and anxiety, and so Orange County Criminal Defense DUI Attorney Richard Wagner wants to inform you of the process and your rights.

He believes informed clients make the best decisions for themselves. Contact him at (714) 721-4423 to schedule a FREE consultation and get the help you need to secure the best outcome in your unique situation.

Arraignment Process in California

An arraignment is your first appearance in court. Its purpose is to advise the defendant of the charges against them. There are slight differences depending on whether you have been charged with a misdemeanor or a felony.

Many arraignments in Orange County involve driving under the influence charges. If you were arrested for DUI, working with an experienced DUI Defense Attorney early in the process can help you understand the evidence, protect your license, and prepare a defense strategy before your case moves forward.

The judge can either formally read the charge or charges to a defendant, or you can waive that right. The judge will then ask the defendant how they plead. You will also get a copy of the accusatory pleading filed by the prosecutor. In California, there are three kinds of accusatory pleadings: complaint, information, and indictment.

In Orange County, California, the information is used far more often than the indictment in felony cases.

Although the prosecutor may seek an indictment from a grand jury after an arrest and a felony complaint, the indictment procedure is seldom used in California.

The prosecution seeks an indictment when the secret nature of grand jury proceedings is an important factor. Or when there are complicated factual issues, multiple counts, or multiple defendants.

Timing of the Arraignment

A defendant cannot be held indefinitely without knowing what the charges are against them. They must be allowed to seek release from custody, if possible.

When the defendant is charged with a felony and in custody, the arraignment must take place “without unnecessary delay.” This means no more than “48 hours after your arrest, excluding Sundays and holidays.”2 If you are out of custody, no specific deadline applies.

Arraigning the defendant at an early stage ensures:

  1. Their case is progressing; and
  2. They are not spending more time in custody than necessary.

Summary of an Arraignment

The specific procedures and rules for arraignment vary among jurisdictions. In addition to reading the charges and taking the defendant’s plea, a court may also read out the substance of the charges, confirm that the defendant understands them, and inform the defendant of their constitutional rights, like their right to a lawyer and right to a speedy trial.

The judge may also decide on bail3 and schedule a court hearing on it. Depending on how the person pleads, the judge may also schedule a preliminary hearing, a pretrial conference, and/or a trial and other court dates.

The Right to Waive Arraignment

You also have the right to waive arraignment. This is not in your best interests, however, unless you have hired a criminal defense attorney who has successfully negotiated terms of release with the prosecutor before the arraignment. This often happens when the charges are less serious.

Arraignment versus Indictment in California

Sometimes there is confusion regarding an arraignment or an indictment because, in both instances, the alleged suspect is informed of charges to be brought against them. An arraignment, however, is different from an indictment.

While an arraignment is an opportunity for a defendant to hear the charges against them and enter a plea, an indictment is a legal document formally charging a defendant with a crime and is usually only used in felony cases. Read More About Felonies

A defendant can be charged by law enforcement authorities or by an indictment issued by a legal authority, such as a prosecutor. Once a defendant has been charged, their case proceeds to an arraignment hearing.

Note, in some states, a grand jury must issue an indictment. A grand jury is a group of impartial, randomly selected citizens who hear from the prosecution and witnesses. Grand jurors must be citizens of the United States, over 18 years of age, and residents of the county for at least 1 year immediately before being selected.4 Then, they decide whether sufficient evidence exists for the defendant to be charged.

Understanding Pleas at an Arraignment in Orange County

When a judge asks a defendant how they plead to a charge during an arraignment hearing, a defendant can enter a plea of guilty, not guilty, or no contest.5

Many defendants first learn about their charges during arraignment after being arrested for DUI. A knowledgeable DUI Lawyer Orange County defendants rely on can begin evaluating the evidence immediately.

  • A guilty plea indicates the defendant accepts the charges and allegations. By entering a guilty plea, the matter will proceed to sentencing either immediately after the arraignment or at a later date.
  • A not-guilty plea indicates the defendant is contesting the allegations and the matter will proceed to the next step, which is usually a preliminary hearing or pretrial conference. Read More About Pretrial Conferences. Pleading not guilty is advised because it offers you the only opportunity you will have to either (1) negotiate a plea deal; or (2) fight the charges against you. Remember: the State of California must prove beyond a reasonable doubt that you are guilty, and that is a high bar to achieve. Criminal defense attorney Richard Wagner will fight for you, and if a plea deal is in your best interest, he will make sure the terms favor you and not the state.
  • A no-contest plea (nolo contendere) indicates the defendant is accepting a conviction for the charge but not admitting guilt. Like a guilty plea, the matter will proceed to sentencing either immediately after arraignment or at a later date. In most cases, Orange County judges do not accept a no-contest plea.

Will I Be Released or Taken into Custody?

The judge decides whether a defendant is released on their own recognizance (OR), is released after granting bail, or is taken into custody.

To be released on your own recognizance, the following two factors must exist:

  1. The charge is less serious; and
  2. You pose no risk to others.

To be released on bail, the judge will consider the following factors:

  • Whether you have family ties in the area
  • What your ability and resources are to flee the city, state, or even the country
  • What danger, if any, do you pose to the community
  • Are you employed locally (length of employment)
  • Your criminal record including previous failures to appear
  • The seriousness of the offense charged
  • Any other factor that may be relevant

When released either on your own recognizance6 or by bail, the judge can set certain terms and conditions of the release.7 If you violate the conditions, you can be taken into custody and set bail. Possible conditions can include:

  • Do not use or possess alcohol or illegal drugs
  • Submit to random drug testing
  • Do not drive without a valid driver’s license and proof of insurance
  • Do not possess any weapons
  • Wear an alcohol-monitoring device

Some defendants may be taken into custody immediately after the arraignment. This does not automatically mean you will not be released. You are entitled to a bail hearing where you can challenge the judge’s decision. Read more about Bail

In any of the scenarios, it is always best to have a competent, committed Irvine Criminal Defense DUI Attorney representing your interests. Richard Wagner works to effect the best outcome for all of his clients. He has the skill, knowledge, and resources to negotiate, strategize, and argue successfully in your defense.

Do You Need a Criminal Defense Lawyer for an Arraignment in Orange County , CA?

You’re not always legally required to have a lawyer represent you at an arraignment hearing. However, it’s worthwhile speaking to an attorney before your arraignment so you can obtain relevant advice about your case and the options available to you. Engaging an attorney at this early stage also allows them to start preparing for your case.

After arraignment, your lawyer can ask the court to schedule appropriate pretrial motions for hearing, pretrial hearings for plea negotiations, and trial dates.

A defendant in a felony case is typically required to appear in person at their arraignment and most other court proceedings unless they sign a waiver of appearance.

Most misdemeanor defendants may appear through their lawyer at all stages of their case, including the arraignment.8 This means your lawyer can make most, if not all, of your court appearances, so you do not have to miss work or school or find childcare. Exceptions are domestic violence cases9 and some serious driving under the influence cases.10

That said, it is in your best interest to be represented by an attorney who has been recognized as one of the “best.” Going before a judge in open court is stressful. It is at the arraignment that you realize the gravity of what you face. A highly-rated and reviewed lawyer by your side will ensure your rights are upheld and advise you on what to say to the judge so that you do not make a bad impression.

Plus, if you seek release, a judge may set harsh conditions for your release. An attorney can counter those conditions and persuade a judge to set different, more favorable terms.

Contact a Criminal Defense Attorney in Irvine Today

An arraignment can be scary for many people, especially if it is your first time before a judge in open court. All eyes will be on you when the charges against you are read. Not only is retaining a well-respected a criminal defense attorney a strategic move on your part, it is also a comforting one. Knowing that someone has your interests in mind will help you throughout the course of the arraignment and your criminal case.

If your case involves driving under the influence, speaking with an experienced DUI Lawyer Orange County residents trust as early as possible can help protect your license, your record, and your future.

Contact The Law Office of Richard Wagner today either by filling out the online form or calling us at (714) 721-4423 to schedule a FREE Consultation. Richard Wagner is here to help you get through the criminal justice system as smoothly as possible.

Frequently Asked Questions About Arraignments in California

Do I have to appear in person at my arraignment?

In most felony cases, the defendant must appear in person at the arraignment. However, for many misdemeanor cases in California, a criminal defense attorney may appear on the defendant’s behalf. This can allow the defendant to avoid missing work or other obligations while the lawyer handles the court appearance.

Can charges be dismissed at an arraignment?

While it is uncommon for charges to be dismissed at the arraignment itself, an experienced criminal defense attorney may identify legal issues early in the case that could lead to dismissal later. The arraignment often begins the process of reviewing the prosecution’s evidence and preparing a defense strategy.

What should I do before my arraignment?

If you have been arrested, it is important to speak with a criminal defense attorney as soon as possible. A knowledgeable DUI Lawyer Orange County residents trust can review the charges, explain your legal options, and help you prepare for your first appearance in court.

What happens after an arraignment in California?

After the arraignment, the court will schedule future proceedings depending on the type of case. This may include a preliminary hearing, pretrial conference, motion hearings, or a trial. The timeline varies depending on whether the case involves a misdemeanor or felony charge.

AUTHORITIES

1 California Penal Code Section 988, says, “The arraignment must be made by the court, or by the clerk or prosecuting attorney under its direction, and consists in reading the accusatory pleading to the defendant and delivering to the defendant a true copy thereof, and of the endorsements thereon, if any, including the list of witnesses, and asking the defendant whether the defendant pleads guilty or not guilty to the accusatory pleading; provided, that where the accusatory pleading is a complaint charging a misdemeanor, a copy of the same need not be delivered to any defendant unless requested by the defendant.”

2 California Penal Code Section 825, says, “(a)(1) Except as provided in paragraph (2), the defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays. (2) When the 48 hours prescribed by paragraph (1) expire at a time when the court in which the magistrate is sitting is not in session, that time shall be extended to include the duration of the next court session on the judicial day immediately following. If the 48-hour period expires at a time when the court in which the magistrate is sitting is in session, the arraignment may take place at any time during that session. However, when the defendant’s arrest occurs on a Wednesday after the conclusion of the day’s court session, and if the Wednesday is not a court holiday, the defendant shall be taken before the magistrate not later than the following Friday, if the Friday is not a court holiday.”

3 The court must set bail at defendant’s first court appearance if the offense is bailable. Cal Const art I, §12; California Penal Code Section 1271.

4 California Penal Code Section 893, “(a) A person is competent to act as a grand juror only if he possesses each of the following qualifications:
(1) He is a citizen of the United States of the age of 18 years or older who shall have been a resident of the state and of the county or city and county for one year immediately before being selected and returned.
(2) He is in possession of his natural faculties, of ordinary intelligence, of sound judgment, and of fair character.
(3) He is possessed of sufficient knowledge of the English language.”

5 California Penal Code Section 1016, “There are six kinds of pleas to an indictment or an information, or to a complaint charging a misdemeanor or infraction:

  1. Guilty.
  2. Not guilty.
  3. Nolo contendere, subject to the approval of the court …
  4. A former judgment of conviction or acquittal of the offense charged.
  5. Once in jeopardy.
  6. Not guilty by reason of insanity.

6 Under California Constitution Article I, Section 12, “[a] person may be released on his or her own recognizance in the court’s discretion.”

7 California Penal Code Section 1318, “(a) The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes:
(1) The defendant’s promise to appear at all times and places, as ordered by the court or magistrate and as ordered by any court in which, or any magistrate before whom the charge is subsequently pending.
(2) The defendant’s promise to obey all reasonable conditions imposed by the court or magistrate.
(3) The defendant’s promise not to depart this state without leave of the court.
(4) Agreement by the defendant to waive extradition if the defendant fails to appear as required and is apprehended outside of the State of California.
(5) The acknowledgment of the defendant that he or she has been informed of the consequences and penalties applicable to violation of the conditions of release.”

8 California Penal Code Section 977 (a)(1), “In all cases in which the accused is charged with a misdemeanor only, they may appear by counsel only, except as provided in paragraphs (2) and (3). If the accused agrees, the initial court appearance, arraignment, plea, and all other proceedings, except jury and court trials, may be conducted remotely through the use of technology, as provided by subdivision (c).”

9 California Penal Code Section 977 (a)(2), “If the accused is charged with a misdemeanor offense involving domestic violence, as defined in Section 6211 of the Family Code, or a misdemeanor violation of Section 273.6, the accused shall be present for arraignment and sentencing, and at any time during the proceedings when ordered by the court for the purpose of being informed of the conditions of a protective order issued pursuant to Section 136.2.”

10 California Penal Code Section 977 (a)(3), “If the accused is charged with a misdemeanor offense involving driving under the influence, in an appropriate case, the court may order a defendant to be present for arraignment, at the time of plea, or at sentencing. For purposes of this paragraph, a misdemeanor offense involving driving under the influence shall include a misdemeanor violation of any of the following:
(A) Subdivision (b) of Section 191.5.
(B) Section 23103 as specified in Section 23103.5 of the Vehicle Code.
(C) Section 23152 of the Vehicle Code.
(D) Section 23153 of the Vehicle Code.

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