What happens at an arraignment hearing for a felony?

A felony arraignment hearing is normally the first formal court appearance in criminal cases where you are charged with a felony offense. At the arraignment, the court will

1. inform you of the crime(s) filed against you,
2. advise you as to your constitutional rights,
3. address issues of bail and release from custody, and
4. accept a plea to the charges (guilty, not guilty or no contest/”nolo contendere”).

Most state criminal laws say that this initial court appearance must take place without unreasonable delay. Further, in most felony cases, you must personally appear for the hearing court date and cannot agree to a waiver of this initial appearance.

What happens at arraignment hearings in felony cases?

Felony arraignment hearings are court proceedings that take place in criminal cases that involve felony charges.

The hearing is considered a type of first appearance, as it is typically the first time you appear in court during the felony court process.

During this hearing:

• the court informs you of the criminal charges filed against you,
• the court advises you of your constitutional rights,
• you enter a plea,
• the court decides to set bail or modify bail, and
• the judge may even set a tentative trial date.¹

Your constitutional rights

With respect to constitutional rights, note that the U.S. Constitution affords you with the following:

• the right to be represented by a criminal defense attorney (which may be a court-appointed public defender),
• the right against self-incrimination (which means you do not have to testify),
• the rights to a speedy trial and a trial by jury, and
• the right to call and confront witnesses.

Parties present at arraignments

Felony arraignment hearings in federal cases typically take place in a district court. The following parties are normally present during these pre-trial conferences:

• the judge,
• you (the “accused” or “defendant”),
• your attorney, and
• the prosecuting attorney (or the district attorney).

Misdemeanor arraignments

Note that arraignment hearings also take place in misdemeanor cases that involve charges of misdemeanor crimes (such as DUI or some form of domestic violence).

When does the arraignment take place?

Most jurisdictions say that an arraignment must take place within a reasonable time after you are arrested.²

An unreasonable delay in holding an arraignment is considered a violation of your Sixth Amendment right to a speedy trial.

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. In these situations, a defense attorney may ask the judge to dismiss any charges filed against you.

Can there be multiple arraignments?

There might be. In some felony cases, the charges against you may change. For example, a prosecutor may decide to reduce a murder charge to voluntary manslaughter.

In these events, the court may arraign you again even though you already had an earlier arraignment.

When this happens, you usually enter the same plea as you did at the earlier arraignment unless you entered into a plea bargain.

Can my lawyer appear on my behalf?

Generally, no. Most jurisdictions say that you typically have to appear personally at an arraignment hearing in felony cases.

Some exceptions, however, may apply. For example, there are times when you may appear in court via a two-way audio/video conference (sometimes called “video court”).

Warrants for your arrest

If you do not attend your hearing, the court will generally issue a bench warrant/arrest warrant against you. A bench warrant authorizes law enforcement officers to arrest you and bring you directly to court.

Failing to appear in court in a felony case is a felony offense. This is a separate crime from the underlying offense for which you failed to appear.

Arraignments may occur several weeks after the arrest if you are out of custody.

What is the law in California?

California’s criminal laws on felony arraignment hearings generally follow the rules and procedures outlined above.

Per Penal Code 825 PC, you must be arraigned within 48 hours of an arrest if authorities kept you in custody after the arrest. Weekends and holidays are not included when calculating this timeframe.³

If you were released from custody after a felony arrest, then California law says that an arraignment must occur “without unnecessary delay.” In reality, however, if you are out of custody, it may be weeks or even months before an arraignment takes place.⁴

Types of pleas

As to entering a plea in California, you can plead:

• guilty,
• no contest, or
• not guilty.

You also have 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 available in some felony cases that allows you to abide by certain terms and conditions for a set period of time. If you successfully complete the program, you are dismissed of all charges.⁵

Failure to appear

Depending on the circumstances, if you fail to appear for a felony arraignment, you may face charges under either:

• Penal Code 1320 PC (if you were released from custody on your own recognizance), or
• Penal Code 1320.5 PC (if you were released from custody on bail).⁶

The failure to appear on a felony charge is a felony offense. The crime is punishable by:

• a jail sentence of up to one year, or
• a state prison sentence of up to three years.

Preliminary hearings

Note that under California law, an arraignment is different than a preliminary hearing. The latter is held in felony cases after an arraignment occurs. But if you are “held to answer” for the charges at the preliminary hearing, then afterward you appear at a second arraignment that initiates the pretrial proceedings.

The purpose of the preliminary hearing is for the judge to determine if there is enough evidence to hold you on the charges filed against you. The hearing is sometimes referred to as a “probable cause hearing.”⁷