what happens at a felony arraignment in california?

Public safety shall be the primary consideration. At an arraignment, a judge will formally state the charges against the defendant. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.27. At the felony arraignment, the court must let the defendant know the precise details of the case against them. At an arraignment hearing, a judge will read the criminal charges against the accused (now called the "defendant"), and ask the defendant whether they understand the charges (regardless of whether they agree with them). The arraignment hearing takes place once the prosecuting agency (typically the local District Attorneys office or the local City Attorneys office) has filed formal charges. The email address cannot be subscribed. In case the judge rules against an O.R., we then argue for a reduction of bail. The courts will advise you of your Constitutional Rights and take steps to confirm that you understand them. Weekends and holidays are not included in calculating these 48 hours. 3 Hopefully, the judge will agree to reduce the bail to an amount that reachable for you and your family. If the defendant desires and is unable to employ counsel, the court shall assign counsel to defend him or her; in a capital case, if the defendant is able to employ counsel and either refuses to employ counsel or appears without counsel after having had a reasonable time to employ counsel, the court shall assign counsel to defend him or her. At the arraignment, the judge tells the defendant: The defendant may then respond to the charges by entering a plea. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Step #1 In A Criminal Case) - The Arraignment - Aizman Law Firm If they do not, the court can appoint them a lawyer. If you posted bail while in police custody, there is a possibility you may be taken back into custody for any of the following reasons: The prosecutor asks the judge to raise your bail because he/she believes youre a flight risk, pose a threat to the community, a change in the facts of your case leading to new criminal charges, youve had prior failures to appear in past criminal cases, or you have an extensive criminal record. The prosecutor then decides whether to file charges and, if so, what charges to file. Youll likely be granted one continuance without hassle from the judge. This is not how you want to start off your case. During the hearing, defendants are allowed to ask for bail or to be released. What Happens At A Felony Arraignment? - Dolan Law Offices the court informs you of the criminal charges filed against you. At a preliminary or probable cause hearing, the judge determines if there is enough evidence for the charges filed against the defendant. If the accused agrees, the initial court appearance, arraignment, and plea may be by video, as provided by subdivision (c).), See same. In many states, the court may also decide at arraignment whether the defendant will be released pending trial. It is often the first time that a defendant sees a judge in their case, and sometimes that can lead to confusion. Here at Esfandi Law we get lots of questions about What Happens at a California Arraignment process?, so we decided to answer the most frequent ones in this article. There are times when an arraignment is not conducted until quite some time after a criminal complaint, indictment (filed after a grand jury trial), or information is issued. This is simply another reason why it is so important to consult with an attorney prior to your arraignment if you can afford to do so. Therefore, before trial, defendants need to decide whether to have a jury trial (where the jury decides if the defendant is guilty or not) or a court trial (where the judge decides).

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