What Does Arraignment Mean?
Unless you’re a criminal defense attorney or longstanding courtroom observer, it’s likely you have little idea of what occurs during the initial appearance of a case in the criminal court system. Two things that are of common interest are: what is the role of the charged individual, and what is its legal definition? Arraignment is not an exceptional event like they might show in movies and television. It is a legal occurrence.
In most jurisdictions, arraignment is defined as the first stage process in a criminal proceeding, wherein charges are read to the defendant, whom is asked to enter a plea to those charges, and is advised of his rights as a criminal defendant. In essence, arraignment is a pre-trial event in which a formal record is created of the defendant having been notified that charges have been filed against him by the district attorney’s office.
Arraignments usually occur within 48 hours of the arrest, and in California, it is a legal formality mandated by Penal Code Section 859. This code section holds that when a person is arrested for a public offense who appears in custody before a magistrate, the magistrate must immediately inform him of the substance of the charge against him, and of his right to counsel. Of course this brings up the question as to what is "immediately"?
Defendant’s Rights During Arraignment
California Penal Code 859 advises the court that it shall in a reasonable time ensure that the defendant is fully aware of and informed on five key functions during arraignment: In California, a defendant is not protected by law against self-incrimination at his arraignment. Instead, Penal Code 1500 allows the defendant to annul his rights and therefore forfeits any claim of such at trial . However, this allowance only exists if the magistrate, before procedure, reminds the defendant of his right to refuse to testify. This presumes that the defendant is being held with full knowledge that he has committed or is in the process of committing a crime and is being charged for that crime, and acts as a means to avoid confusion in the courtroom.
The Right to Counsel in Arraignment Process
For many defendants, especially those who are charged with a violent crime or felony and held without bail, arraignments are the first time they are hearing a formal reading of charges filed against them. Perhaps they were arrested on a misdemeanor charge but booked on a felony charge. Regardless, in this initial phase of the process, the defendant needs to be out on bail. If he is unable to do so, he will be offered a dollar amount of bail that allows him to go home while awaiting his next court appearance.
Obtaining bail does not guarantee release, however. For many jurisdictions and judges, a personal appearance by a family member or friend to act as surety is required to make bail. The person acting as surety must own property valued at a specific amount more than the bail amount set, and cannot have a felony record.
In lieu of making bail, a defendant may waive his right to an appearance and allow the defendant’s attorney to appear before a magistrate to request a bail reduction. If a reduction is granted, the defendant will receive notice of what the bail was reduced to and can then make the bail upon release.
Criminal arraignments are simply an introductory process that give defendants knowledge of what they have been charged with, and what their rights are.
What Happens During an Arraignment?
Arraignment is a process that unfolds over the course of a hearing. Though procedures vary across jurisdictions and states, the overall process is relatively similar in most cases. To help provide insight into what the process entails, we’ve outlined the typical steps involved.
The defendant is brought into the court and either pled guilty or not guilty (or entered no contest). The judge may also choose to enter a plea of not guilty on behalf of the defendant.
Each change in charge is read out and the defendant is asked whether he or she understands the charges. If the answer is no, the attorney handling the arraignment hearing will object, and the judge will explain the charges in further detail. Once complete, the arraignment continues as normal.
The judge communicates the maximum penalties for the crime, including any fines, jail time, or probation. If the offense comes with a minimum sentence, the judge must communicate that as well.
The prosecutor offers a plea bargain to the defendant. If the defendant does not agree to the terms, the case will proceed to trial in criminal court. If the defendant accepts the deal, the plea must be entered right then and there.
In the vast majority of cases, defendants plead not guilty. When this happens, a trial date is scheduled, and the arraignment hearing ends. Although the defendant is required to enter a plea at the arraignment hearing, the hearing itself can be simple. All that must happen at this stage is the entry of the plea.
What Rights Does a Defendant Have During an Arraignment?
It is your right to plead not guilty at arraignment. However, the arraignment only applies to the charges before the court at that time. The court may add charges, and you will have the opportunity to plead not guilty to the new charges at the next arraignment. The other charges may include anything from more counts of the original criminal offenses to some charges that relate to sentences you received from prior convictions. Assuming the charges in front of the court at that arraignment are the only ones you need to worry about, the court will tell the defendant what the charges are. Pursuant to California Penal Code 977(a), the defendant has to be present unless he or she files the proper written waiver of presence and the court accepts the waiver. The defendant has to be personally present for arraignment in a felony case. In a misdemeanor or infraction case the defendant may waive his/her presence as long as the defendant and his attorney are present and the defendant enters a plea of "not guilty." If there are multiple defendants in a case they may waive their presence if the attorneys are present for each of the defendants and all the defendants waive their presence. Generally, it is a good idea not to waive presence. Sometimes a judge may pressure you into waiving presence to clear the courtroom calendar. Never waive presence unless you are instructed to do so by your criminal defense attorney. A forced waiver may result in an unfair trial. If you are a defendant in court you have the right to know what you are charged with. Some courts will read the charges out loud. Others do it quietly so the defendants can’t hear them. Even if they read them, judges sometimes get the charges wrong. So it is critically important for anyone accused of a crime to get copies of the police report and the court pleadings. You have the right to challenge the court for not telling you what the charges are. In most cases you have to fight through the judge, who usually tells the defendant to shut up instead of answering the question comprehensively. One of the most important things to remember is that everything that happens in the arraignment must be recorded verbatim. There is no room for error. The court has to tell you what the charges are and what your rights are. They have to tell the defendant the evidence that the prosecution has to prove in order to support a conviction for each element of each charge. They have to tell him everything that is in the probation report that relates to the defendant. Without knowing what the charges are you cannot make a good defense and you cannot mount a good defense. Whether or not it appears on the official record, the arraignment is formally concluded when the defendant pleads not guilty. The clerk makes a new entry on the official court calendar at 1:30 for Trial Setting.
What Can Happen at Arraignment?
A number of outcomes are possible at an arraignment. The first is the setting of bail. Depending on what you were arrested for, or charged with, bail may be an option to securing your release. If so, the court will set what is called a bail hearing. The purpose of the hearing is to determine if the original bail amount should be lowered, as a plea agreement, or if it should be increased, by request of the prosecutor or the police department.
If bail is not an issue, and the matter is being addressed quickly by the court, you may be released from custody following your arraignment or shortly thereafter . A court date will then be provided, for your next appearance.
Another possible outcome is the court could schedule additional hearings in your case, and order you to appear on the next date. Remember, these are not criminal charges yet. As a result, your freedom, and ability to leave the courtroom, is not linked to the outcome of the arraignment. It is, however, still important to adhere to all instructions you are given by the court, and to follow through on any assignments or orders made. Failure to do so could lead to further criminal charges being filed against you, on top of those already present.
Why You Need an Attorney
It is almost always a mistake to go to court without your own lawyer for an arraignment. As stated above, the judge will not evaluate your case by reading the police report. The judge will want to hear representations from both sides and will want to hear the personal circumstances of the accused. An experienced criminal defense attorney has handled hundreds of cases with judges like the one assigned to a particular arraignment and have a good idea as to what questions to ask the accused and what the probabilities are of receiving certain dispositions. For example, in some jurisdictions defendants will be able to receive an offer that is pre-approved by the District Attorney’s Office even before appearing at arraignment. A person appearing without their lawyer may not know about this and would simply be waiting to receive a copy of the offer at arraignment. An experienced attorney will know when to request this offer based upon the charges allegedly committed and the judge assigned to that case.
Further, an experienced criminal defense attorney will know whether or not a defendant is eligible for a release on citation prior to appearing at an arraignment. This is a tremendous "victory" for a defendant and could save the Defendant many hours in jail if granted.
Typically, the second court appearance following a defendant’s actual appearance in court is a preliminary hearing scheduling date. When a defendant appears with their attorney, the attorney will be given a date to prepare a discovery response. In many circumstances in order to be able to prepare the discovery response the assigned Deputy District Attorney must wait until San Diego County has "turned around" the file. This means that the District Attorneys assigned to the case need to be able to send the report prepared by the officer in the field, and any other documents to be considered by the Preliminary Hearing judge to an office which is not as busy. During this time, a defendant is able to remain out of custody and prepare for a more serious proceeding than the arraignment.
Arraignment Myths
Based on the issues we just discussed, you can already start to tell that most people have a misunderstanding about what occurs at arraignment. Here are some of the most common misconceptions:
- You have to speak; The Bailiff, who is an officer of the Court, will have you state your name, date , and possibly your address; You are not required to speak any further; That’s the job of the Attorney you hired or a Public Defender.
- You will be pleading guilty or not guilty; Not at all; You’re simply admitting to nothing; This hearing is merely to discuss conditions of release and whether or not the Judge will set a Pre-Trial.
- You will be waiving your right to a Jury Trial; Definitely not….you are not even at that stage yet; You are only being advised by the Court what your rights are.
The best thing you can do at the first court appearance is to listen to the Judge; And of course, call me to discuss this hearing.