What Happens at Arraignment in California?

Arraignment is the first formal court appearance after an arrest. It is the hearing where the defendant is formally told what they are charged with, enters a plea, and — critically — where the judge makes a decision about bail.

Under California Penal Code 825, a defendant must be brought before a judge within 48 hours of arrest, not counting weekends and holidays. In practice, this means:

- Arrested Monday through Wednesday: arraignment typically within 48 hours
- Arrested Thursday or Friday: arraignment may not happen until Monday
- Arrested on a holiday weekend: may be held until the next court day

This is why people sometimes sit in jail for three or four days before seeing a judge — not because the system forgot about them, but because courts do not operate on weekends. If bail has already been set by the booking schedule, you can post it before arraignment and get your person out without waiting. If bail has not been set, or if there is a hold, you wait for the arraignment hearing.

The arraignment hearing is usually short — often less than 15 minutes. Here is what happens:

1. The charges are read. The prosecutor formally states what the defendant is charged with. This is the first time the defendant officially hears the charges in court.

2. The defendant enters a plea. Almost every defendant pleads not guilty at arraignment, even if they intend to negotiate a plea deal later. Pleading not guilty at arraignment is standard practice — it preserves all options and does not mean the defendant is claiming innocence. An attorney will almost always advise this.

3. The judge rules on bail. This is the part that matters most to families waiting outside. The judge can:
- Keep bail at the amount set by the booking schedule
- Raise bail if the prosecutor argues the defendant is a flight risk or danger
- Lower bail if the defense attorney argues for a reduction
- Release the defendant on their own recognizance (OR release) — no bail required
- Deny bail entirely for the most serious charges

4. The next court date is set. The judge schedules the next hearing — usually a preliminary hearing or pre-trial conference.

The whole thing can be over in ten minutes. The bail decision is the most consequential thing that happens in those ten minutes.

California judges consider several factors when setting or modifying bail at arraignment:

The charge. More serious charges mean higher bail. A misdemeanor DUI and a felony assault are treated very differently.

Criminal history. Prior convictions, prior failures to appear, prior violations of probation or parole — all of these push bail higher.

Ties to the community. How long has the defendant lived in the area? Do they have family here? Do they have a job? Do they own property? Strong community ties argue for lower bail or OR release.

Flight risk. Does the defendant have resources to flee? Do they have ties to another country? Have they failed to appear before?

Danger to the community. For violent charges, the judge considers whether releasing the defendant poses a risk to the victim or the public. Domestic violence cases almost always involve a protective order as a condition of bail.

The prosecutor's argument. The DA will often argue for higher bail or no bail on serious charges. A good defense attorney counters this. If your family member does not have an attorney at arraignment, the public defender will represent them — but the public defender may have limited time to prepare.

The bail schedule is a starting point. The judge has discretion to go above or below it.

The time between arrest and arraignment is the most important window for the family. Here is what to do:

Find out the bail amount. Call the jail or look up the booking online. Most Southern California counties have online inmate locators. The booking sheet will show the charges and the bail amount set by the schedule. If bail is already set, you can post it before arraignment.

Contact a bail bondsman. If the bail amount is set and you want to post it before arraignment, call me. I can have the paperwork ready so the moment bail is confirmed, we can move. Getting your person out before arraignment means they walk into that courtroom as a free person — not in a jail jumpsuit. That matters.

Contact an attorney. If the charge is serious, get an attorney on the phone before arraignment. The attorney can appear at arraignment and argue for lower bail. A good argument at arraignment can save thousands of dollars in bail bond premiums.

Do not wait. Every day in jail is a day your family member is not working, not with their children, not managing their life. The system does not move fast on its own. You have to push it.

This happens. The prosecutor argues that the bail schedule amount is insufficient, the judge agrees, and bail goes up — sometimes significantly.

If bail was $25,000 at booking and the judge raises it to $75,000 at arraignment, the bond premium goes from $2,500 to $7,500. If you already posted the $25,000 bond, you now need to post additional bail to cover the difference — or your person goes back into custody.

This is why it is important to have a bail bondsman who stays on top of the case. I track arraignment dates for my clients. If bail changes, I call you immediately so we can figure out the next step.

If bail is raised and you cannot cover the difference, the defendant stays in custody until the next hearing. At that point, the defense attorney can file a motion to reduce bail — a formal request to the court to lower the amount based on the defendant's circumstances. This takes time, but it is an option.

Bail can be denied entirely for certain charges. Under California Penal Code 1270.5, bail is not available for:

- Murder with special circumstances (PC 190.2)
- Certain sex crimes against minors
- Felony violations while on bail for another felony
- Cases where the judge finds the defendant poses an extreme danger to the community

If bail is denied, the defendant stays in custody until the case resolves — which can take months or years for serious charges. The defense attorney can file a bail review motion, but the standard for overturning a bail denial is high.

If you are told bail has been denied, call me anyway. I will tell you honestly whether there is anything to be done or whether you need to focus on the attorney and the case itself.

Arraignment is the beginning, not the end. After arraignment, the case moves through several more stages:

Preliminary hearing (felonies only): The prosecutor must show there is probable cause to proceed to trial. This usually happens within 10 court days of arraignment.

Pre-trial conference: The attorneys meet to discuss the case, exchange evidence, and explore plea deals. Most cases resolve at this stage — not at trial.

Trial: If no plea deal is reached, the case goes to trial. Felony trials can take weeks. Misdemeanor trials are shorter.

Throughout all of this, the defendant must appear at every scheduled court date. Missing a court date while on bail triggers a bench warrant and puts the bond at risk. I cover this in detail in a separate article — but the short version is: show up, every time, no exceptions.

If you have questions about what comes after arraignment, call me. I have watched thousands of cases move through the Southern California court system. I can tell you what to expect.