What Happens During Arraignment?

An arraignment is one of the first steps in the criminal justice process.

What Happens During Arraignment?After you are arrested, you may be overwhelmed by what is happening. It can be a time of incredible stress and anxiety, regardless of whether you have previously been involved with the criminal justice system. Understanding the process can help reduce some of your worry and help you plan for what is to come.

In most cases, the arraignment will be your first court hearing. During the arraignment, the judge will inform you of the charges against you, and ask how you plead to those charges. You are entitled to be represented by a criminal defense attorney in San Bernardino, CA during the arraignment.

During the arraignment, the judge will:

  • Advise you of your Constitutional rights (such as the right to a trial by jury);
  • Read the charges against you;
  • Ask you to enter a plea (guilty, not guilty, or no contest); and
  • Set, modify, reinstate, or exonerate your bail.

The arraignment will take place after the prosecutor has filed formal charges against you. The timing of the arraignment depends on the charge or charges involved and whether you are currently in custody. for felony charges, you must be arraigned within 48 hours of arrest (excluding weekends and holidays) if you are in custody. If you are charged with a felony and are not currently in custody, then you must be arraigned “without unnecessary delay.” This may mean in a matter of weeks or months. Similarly, if you are in custody on a misdemeanor crime, you must be arraigned within 48 hours. Otherwise, if you are out of custody, then your arraignment will take place at least 10 days after your arrest.

If there is an unreasonable delay between your arrest and your arraignment, then you may be entitled to file a lawsuit against the law enforcement agency for unlawful detention. In most cases, unlawful detention won’t result in a dismissal of the charges against you unless you can prove that the delay impacted your right to a fair trial, or it caused you to suffer some type of prejudice.

For felony charges, you will generally be required to appear in person at your arraignment, although this rule may be relaxed in certain circumstances (such as the COVID-19 pandemic). For misdemeanor charges, your criminal defense attorney in San Bernardino, CA can usually appear on your behalf, although there are some situations where you will have to appear in person, such as for domestic violence charges. If you fail to appear, then a judge may issue a bench warrant, which authorizes California law enforcement officers to arrest you and bring you directly to court. Failing to appear may result in a separate criminal charge.

If you have been charged with a crime, it is important to understand your rights and to have an advocate who can protect those rights. The Chambers Law Firm is highly skilled at representing individuals who have been charged with all types of crimes, from low level infractions to violent felony offenses. To learn more or to schedule a consultation with a criminal defense attorney in San Bernardino, CA, contact our law firm today at 714-760-4088 or dchambers@clfca.com.

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