In a criminal defense case, part of the legal process is the arraignment. For those navigating the California legal system, understanding what an arraignment entails is important.
An arraignment is at the beginning of the formal legal proceedings in a criminal defense case in California. Here are a few things to know about arraignments.
What is an Arraignment?
An arraignment is a formal court proceeding where a defendant is in court before a judge to learn or hear the charges against them and usually enter a plea. In California, this process is governed by specific rules and procedures outlined in the state’s Penal Code.
Key Elements of an Arraignment:
Reading of Charges: During the arraignment, the judge reads aloud the charges filed against the defendant. This ensures that the defendant is fully aware of the accusations they are facing. However, most defense attorneys waive this time consuming process and instead read them themselves.
Entering a Plea: Following the reading of charges, the defendant typically enters a plea. In defending a case, a not guilty plea is usually used.
Setting Bail or Release Conditions: If the defendant is in custody, the judge may address bail or release conditions during the arraignment. Bail is a monetary amount set by the court to help ensure the defendant’s appearance at future court dates. Release conditions may include things like electronic monitoring, stay-a-way orders, or restrictions on travel.
Scheduling Future Court Dates: The judge usually schedules additional court dates, such as pretrial hearings or a trial date.
Importance of Legal Representation:
Navigating the arraignment and crucial defense processes can be daunting, especially for those unfamiliar with the issues regarding criminal law. Having competent legal representation can help protect your rights. A skilled criminal defense attorney can advise you on the best course of action, at the arraignment, and advocate for you in court throughout your case.
Mark Cibula is a third-generation local attorney in Redding, California, a former Mayor and Chairman of the Shasta County Board of Supervisors. He has over 29 years of experience as a criminal defense attorney and earned numerous awards. He has a B.A. from the University of California at Berkeley, an M.A. from the University of Southern California, and a J.D. from the McGeorge School of Law. His telephone number is 530-241-2734.
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