An arraignment is the first formal court appearance after an arrest in Los Angeles County. For defendants and their families, this hearing can feel overwhelming - but it follows a predictable legal structure governed by the California Penal Code and local Los Angeles Superior Court procedures.
This guide explains what actually happens during an arraignment, what rights the defendant has, and what families should expect on the first day in court.
An arraignment is a formal court hearing where a defendant makes their first appearance before a judge and is officially informed of the criminal charges against them. According to the Judicial Branch of California, the arraignment serves as a cornerstone of due process, ensuring the accused is promptly notified of charges and afforded their constitutional rights.
During this proceeding, the judge reads the formal charges, advises you of your rights, and asks you to enter a plea. The arraignment also typically includes discussion of bail or release conditions. For many defendants, this hearing determines whether they remain in custody or are released pending trial.
Unlike the preliminary hearing or trial that may come later, the arraignment is not designed to determine guilt or innocence - rather, it's a procedural safeguard to ensure due process is followed from the start of your case.
California Penal Code § 825 establishes strict timelines for arraignments to protect defendants' rights. The law requires that any defendant held in custody must be arraigned within 48 hours of arrest, excluding weekends and court holidays.
Here's what this means in practice:
Failure to meet this deadline can result in legal challenges and constitutional claims of unlawful detention. Officers who willfully refuse to allow attorney visits during this period face misdemeanor charges, up to six months in jail, and a $500 penalty payable to the defendant.
This timeline is a defendant's critical protection against prolonged detention without a hearing. If your arraignment is delayed beyond these timeframes without valid reason, your attorney may file a motion to dismiss.
Under California Penal Code § 825, a defendant who has been arrested must be brought before a judge “without unnecessary delay” and no later than 48 hours after arrest (excluding Sundays and court holidays).
Those who are cited and released will receive a future arraignment date on their citation or Notice to Appear.
Even though it is often a brief hearing, several important legal steps occur:
The judge or prosecutor provides the defendant with the criminal complaint or information outlining the charges.
This is required under Penal Code § 988.
The judge explains the defendant’s rights, including:
If the defendant cannot afford a lawyer, the judge will appoint the Los Angeles County Public Defender’s Office.
Most defendants enter a Not Guilty plea at arraignment.
Other possible pleas include:
A Not Guilty plea preserves all legal defenses and moves the case to the next stage.
The judge determines whether the defendant will be:
The judge considers:
Los Angeles uses a countywide bail schedule, which acts as a baseline, but judges may raise, lower, or eliminate bail under Penal Code § 1275.
In domestic violence or stalking cases, the judge often issues a Criminal Protective Order at arraignment, ordering the defendant not to contact the alleged victim.
Depending on the type of charge:
The case is usually set for a pretrial hearing, where the defense receives discovery and negotiates with the prosecution.
The court sets a Preliminary Hearing date.
Under Penal Code § 859b, a defendant in custody has the right to a preliminary hearing within 10 court days of the arraignment unless they waive that right.
For most misdemeanors, the defendant’s attorney may appear without the defendant under Penal Code § 977(a).
However, defendants must personally appear for:
In-custody defendants may appear via video, depending on the facility and court department.
Although the case itself is important, the actual time before the judge is often only 3–10 minutes.
The majority of time is spent:
Families should expect to spend 1–3 hours at court.
Learn more on how to deal with a court case in Los Angeles County Court
Family members may attend the arraignment and are usually allowed inside the courtroom.
However:
The arraignment sets the tone for the entire case.
Important decisions are made, including:
The scale of criminal arraignments in LA County is significant. The Los Angeles County Sheriff's Department reported that the Average Daily Inmate Population (ADIP) was 12,738 during the first quarter of 2025, higher than the Q1 2024 average of 12,408. Additionally, 14,833 individuals were booked into LA County jails in Q1 2025, representing a 3% increase from the previous quarter.
These statistics underscore how critical effective legal representation is in navigating the criminal system. With thousands of arraignments occurring monthly, having an attorney who understands the local court system, judges, and prosecutors is invaluable.
If you or a loved one has an upcoming arraignment:
✓ An arraignment is your first formal court appearance after arrest, held within 48 hours under California Penal Code § 825
✓ The judge reads charges, advises you of rights, takes your plea, and determines bail or release conditions
✓ You must be personally present at felony arraignments; attorneys can represent you at most misdemeanor arraignments
✓ Bail decisions are based on offense severity, criminal history, community ties, and flight risk
✓ Los Angeles County's new bail schedules (effective Oct. 1, 2023) reduce reliance on cash bail for non-violent offenses
✓ Having an experienced criminal defense attorney at arraignment is critical to protecting your rights and securing favorable release conditions
✓ The decisions made at arraignment - bail amount, future court dates, plea strategy - directly impact your case outcome
Early representation often makes a substantial difference, especially in bail arguments and negotiations.
An arraignment in Los Angeles County is a structured procedure with significant legal consequences. The judge will announce the charges, advise the defendant of their rights, take the plea, address bail or release, and set future court dates. Understanding these steps helps defendants and their families navigate the process with confidence and prepare for what comes next.
This article is for informational purposes only and does not constitute legal advice. Laws can change, and readers should always consult a qualified attorney regarding their specific situation.Last updated November 2025. Reviewed by legal professionals at The H Law Group.
The courtroom portion typically lasts only a few minutes, but the full process can take 1–3 hours due to waiting times and case volume in Los Angeles courts.
Yes. You have the right to be represented at the arraignment. If you cannot afford an attorney, the court will appoint the Public Defender. Hiring private counsel early often improves bail outcomes.
In misdemeanors, the defendant’s lawyer may appear without them under Penal Code § 977(a). In felony cases, the defendant generally must appear.
Yes. Arraignments are public hearings. Family can attend, but they cannot approach the in-custody defendant or speak during the proceeding.
Yes. The judge may release a defendant on their own recognizance (OR), set bail, impose monitoring conditions, or order continued custody depending on the case.
