Arraignment

What is it?

An arraignment is when the accused is brought before the court to plead guilty, no contest (where the accused pleads neither guilty nor innocent), not guilty, or not guilty by reason of insanity. It is during the arraignment that the issue of bail is settled, and the date for the trial is set. Essentially, it is the precursor to a trial for someone arrested for a crime.

What is it about?

After someone has been arrested and formally charged, they have an arraignment. The arraignment lets the defendant know what they have been arrested for, so that they can prepare an appropriate defense. It is also to record for the court the plea of the accused, and allows the court to plan accordingly.

While it varies from state to state, arraignments are not required for every crime. Some states only require an arraignment for felonies, and not misdemeanors, while some require it for both. In California, the arrested must be arraigned for either. If the person who is being arraigned is still in custody, they must have their arraignment within two court days. If they pay bail and are released, their arraignment will occur at some point within the following three weeks.

If you or your attorney fails to appear at your arraignment, the judge can issue a “Bench Warrant,” so the police can arrest you and bring you directly to court.

Are you facing an arraignment and need a lawyer, or just more information? Give  us a call at 805.569.9400 or reach us online at www.sblaw.org