Facing a criminal charge comes with various hearings and legal procedures you must attend in California. Depending on your crime, there are multiple hearings you will attend, but the one that applies to every criminal case is an arraignment. You will need to attend an arraignment to hear your charges and why you were arrested.
In misdemeanor cases, your California criminal defense lawyer from Simmrin Law Group can appear on your behalf. Misdemeanor offenses where this does not apply are domestic violence cases, DUIs, and violating a domestic violence court order.
What Is an Arraignment?
An arraignment is the formal hearing of your charges so you know the crimes you are being accused of and can appropriately respond to the accusations. The arraignment process allows people to be informed of their legal issues, which is a fundamental element of the criminal justice system. Before arraignments were law, a person could be arrested and charged without knowledge of the alleged crime.
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What Is Your Role in an Arraignment?
An arraignment is your first court appearance and the first time the judge will see you. They will state your charges and ask you how you wish to plead: guilty or not guilty. You can also plead no contest, which means you do not deny the crimes but do not admit you committed the crimes.
A guilty plea means you accept you committed the crime and a not guilty plea means you do not accept any responsibility for the crime.
What Is the Arraignment Timeline?
An arraignment takes one day, which is a reasonably quick process when you go before the judge. The longest part is waiting for your turn to enter court since judges schedule many arraignments for the same day, almost like an assembly line. You will hear the changes and enter your plea, and the judge will accept your plea, then you are done.
Will I Go to Jail at an Arraignment?
The short answer is no; since the arraignment is an opportunity to hear the charges and respond, it is not where a decision is made about your charges. The next step is a preliminary hearing, where the judge will review preliminary evidence and determine whether the case can move forward. Preliminary hearings and arraignments are different, and you do not go to jail during an arraignment unless you are already in custody.
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When Will an Attorney Be Appointed?
When you cannot afford an attorney, the court will assign a public defender to your case who will help you understand the legal process and what you are against. Since you need a lawyer at your arraignment, you will be appointed one before the commencement of the arraignment. If you attend an arraignment without a criminal defense lawyer, the judge will stop the arrangement and assign you a lawyer, then schedule a new arraignment date.
How Does the Judge Determine Bail?
An arraignment is also an opportunity for the judge to set bail and place stipulations on your freedom. A California judge will use a bail schedule to determine how much you must pay for your temporary release. However, the bail schedule is a starting point, and the judge can set the bail higher or lower.
The judge can deny bail if they believe you are a danger to the community or have a criminal record. Additionally, they will consider your employment, your criminal history, and how likely you are to show up to other hearings.
How Does a Case Start?
The criminal process is complex and has many intricacies starting with your arrest, where the police will cite you and write a report summarizing the details and reason for your arrest. Next, the prosecutor will decide whether to file charges and if it will be a misdemeanor or felony, which happens within 48 hours, barring weekends, holidays, and mandatory court closures. Next comes the arraignment.
What Happens After the Arraignment?
Depending on your plea, several steps will follow your arraignment, especially if you plead not guilty. The judge can release you on your recognizance, which your criminal defense lawyer can prove. The judge can also set bail or refuse to, which means you may stay in jail until bail is paid or your next court appearance.
Is a Trial Necessary?
You have the right to go to trial after a criminal arrest and charge, but it is not always necessary. Working with a criminal defense lawyer, you must decide whether you should opt for a jury or court trial; most choose a jury trial.
A jury trial for misdemeanor cases will begin within 45 days, while felony cases will begin 60 days after the arraignment. Still, other factors can prolong or speed up these timelines.
What Happens at Trial?
Before a jury trial, the prosecutor and defense lawyer will choose a jury. At trial, each side will present an opening statement and speak directly to the jury; then, they will present evidence to prove their case regarding your freedom or possible imprisonment. Next, the lawyers will give their closing statements, and the jury will convene to decide whether a guilty or not guilty verdict is appropriate.
How Does the Appeals Process Work?
If you are found guilty, you have the right to file an appeal, typically within 30 or 60 days, depending on your charges and the court’s decision. During an appeal, an appellate court will review the same evidence from the trial and see if there are any legal errors. Appeals are challenging, and you need the expert advice of a California criminal defense lawyer.
Simmrin Law Group Is Here to Help
After a criminal arrest, your life is in the balance, and you may not know where to turn and how the legal process works. Our criminal defense lawyers work with the California criminal justice system daily and understand what judges usually decide and how to help you when your life is about to change.
A criminal conviction will alter the course of your life, and you will now have a permanent criminal record that will follow you and prevent you from working or spending time with loved ones; after an arrest and before an arrangement, contact Simmrin Law Group.
Call or text (310) 896-2723 or complete a Free Case Evaluation form