A misdemeanor arraignment hearing is usually the first formal court hearing in a criminal case in which a defendant is charged with a misdemeanor offense. During the hearing in most jurisdictions, the court advises the accused of his/her Constitutional rights, the issue of bail and release is determined, the defendant learns of the specific charges that have been filed against him/her, and the defendant enters a plea.
As to a plea, an accused has the option of pleading:
- guilty,
- not guilty, or
- no contest (sometimes referred to as “nolo contendere”).
A few of the Constitutional rights that apply to defendants at these hearings include:
- the right to be represented by an attorney,
- the right to a speedy trial, and
- the right to a jury trial.
Note that if a defendant does not appear at an arraignment, he/she is guilty of the crime known as failure to appear. This offense is charged as a separate misdemeanor offense from the crime for which the accused was originally required to appear in court.
What happens at a misdemeanor arraignment?
A misdemeanor arraignment hearing is generally the first criminal court proceeding in cases where a defendant has been charged with a misdemeanor (as opposed to a felony offense).
During the hearing:
- the court advises the defendant of his/her Constitutional rights,
- the defendant learns of the specific charges that have been filed against him/her,
- the accused enters a plea, and
- the court sets, modifies, reinstates, or exonerates the accused’s bail.[1]
The arraignment hearing takes place once the prosecuting agency (typically the local District Attorney’s office or the local City Attorney’s office) has filed formal charges.
Examples of misdemeanor offenses include:
- driving under the influence (DUI),
- simple assault, and
- petty theft.
What plea does a defendant enter at the hearing?
The arraignment hearing offers an accused the first opportunity to enter a plea. The defendant has the option of pleading:
- guilty (in which case, the defendant will avoid a jury trial and proceed to a sentencing hearing, and all further stages of the criminal court process will be limited to post-conviction issues),
- no contest, which is essentially a guilty plea (the difference being that a “no contest” plea can’t be used as evidence against an accused in the event that there is also a civil case that arises from the incident), or
- not guilty (in which case the accused proceeds to the pretrial phase of the criminal court process).
Although most defendants who are represented by attorneys do not plead guilty or no contest during the arraignment phase, sometimes it is strategically advisable to do so. This may be the case, for example, to avoid further prosecution for more serious, uncharged offenses.
Defendants can usually miss their misdemeanor arraignments as long as their attorney appears.
What rights does an accused have at the hearing?
Both the United States Constitution and state constitutions empower defendants with a variety of rights during a misdemeanor arraignment hearing. During an arraignment, the judge informs the accused of these rights.
The applicable Constitutional rights include:
- the right to be represented by an attorney (which includes the right to be represented by a court-appointed public defender if a party cannot afford a private criminal defense attorney),
- the right against self-incrimination (which means the accused can refuse to answer questions or otherwise give testimony against himself/herself),
- the right to a speedy trial,
- the right to a trial by jury, and
- the right to produce and confront witnesses.
Can a defendant’s lawyer appear on his/her behalf at the hearing?
If someone is arrested for a misdemeanor, the party is typically allowed to have his/her attorney appear on the party’s behalf.
However, there are some exceptions. In some jurisdictions, an accused is required to attend the hearing if he/she is being charged with:
- a domestic violence offense,
- an alleged violation of a protective order, and
- certain aggravated offenses (e.g., DUI causing injury).
What if a defendant fails to appear at a misdemeanor arraignment hearing?
If an accused (or his/her attorney) fails to appear at a hearing, the court will generally issue a bench warrant. A bench warrant authorizes law enforcement officers to arrest the accused and bring him/her directly to court.
Failing to appear in court on a misdemeanor case is a misdemeanor offense. This is a separate crime than the offense for which the defendant is required to attend the hearing for.
What is the law in California?
California’s criminal laws on misdemeanor arraignment hearings generally follow the rules and procedures outline above.
According to Penal Code 825 PC, if a defendant committed a misdemeanor that requires him/her to remain in county jail, then he/she must be arraigned within 48 hours of his/her arrest, not including weekends and holidays.[2]
Note, though, that most defendants are released from custody following a misdemeanor arrest. When this is the case, the offender does not have to be arraigned for at least ten days following the arrest.[3]
As to entering a plea in California, a defendant can plead:
- guilty,
- no contest, or
- not guilty.
The defendant also has the option to request a deferred entry of judgment. “Deferred entry of judgment,” pursuant to Penal Code 1000 PC, is a type of diversion program that allows the accused to abide by certain terms and conditions for a set period of time. If a defendant successfully completes the program, he/she is dismissed from all charges.[4]
Penal Code 1000 PC “deferred entry of judgment” most commonly applies to
- certain California drug offenses (e.g., possession of a controlled substance),
- certain cases involving child abuse and/or neglect filed under Penal Code 272 PC (contributing to the delinquency of a minor), and
- Penal Code 470 PC (California’s forgery law).[5]
Depending on the circumstances, an accused that fails to appear for a misdemeanor arraignment will face charges under either:
- Penal Code 1320 PC (if the defendant was released from custody on his/her own recognizance), or
- Penal Code 1320.5 PC (if the defendant was released from custody on bail).[6]
The failure to appear under California law is a misdemeanor offense. The crime is punishable by:
- custody in a California county jail, and/or
- substantial fines.
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[1] Black’s Law Dictionary, sixth edition.
[2] California Penal Code 825 PC.
[3] California Penal Code 853.6 PC.
[4] California Penal Code 1000 PC.
[5] See same.
[6] See California Penal Code 1320 and 1320.5 PC.
