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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:
A few of the Constitutional rights that apply to defendants at these hearings include:
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 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:
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:
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.
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:
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:
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:
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
Depending on the circumstances, an accused that fails to appear for a misdemeanor arraignment will face charges under either:
The failure to appear under California law is a misdemeanor offense. The crime is punishable by:
[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.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.