Many people walk into their first court date with no idea what to expect. Knowing how an arraignment works can make the day far less stressful, and help you avoid mistakes that are hard to undo.
What an arraignment is
The arraignment is generally your first appearance in court after charges are filed. At this hearing the court typically:
- Tells you what you are charged with
- Explains your rights
- Confirms whether you have an attorney
- Takes your plea
- Reviews your release, such as bail or conditions you need to follow
- Sets the next court date
Where it happens in San Diego County
The courthouse usually depends on where the arrest or alleged offense happened. Cases are heard at the Central Courthouse downtown and at the regional courthouses in El Cajon, Chula Vista and Vista. Cases from southwest Riverside County are heard at the Southwest Justice Center in Murrieta. Your citation or release paperwork usually lists the courthouse, the department, and the date and time.
Before your court date
- Check that the case is on calendar. Sometimes charges have not been filed by the date on your paperwork. An attorney can check with the court before you go.
- Bring your paperwork and ID. Your citation, release papers and any letters from the court.
- Plan for the whole morning or afternoon. Arrive early for security, and expect to wait for your case to be called.
- Dress as you would for an important meeting. First impressions matter in a courtroom too.
The plea
At the arraignment you are usually asked to plead guilty, not guilty or no contest. Many people plead not guilty at this stage, which keeps every option open while the evidence is reviewed and any negotiation takes place. A guilty or no contest plea can carry lasting consequences for your license, your job and, for non-citizens, your immigration status, so it is not a decision to make on the spot without advice.
Can an attorney go for you? In many misdemeanor cases, including many DUI cases, California law allows an attorney to appear on your behalf, so you may not need to miss work. In felony cases you generally need to be there in person.
What comes after the arraignment
After the arraignment, a case usually moves into pretrial hearings. This is when evidence is exchanged, the defense reviews police reports, video and test results, and the attorneys discuss how the case might be resolved. In felony cases there is often a preliminary hearing, where a judge decides whether there is enough evidence for the case to go forward. Learn more about DUI defense and felony defense.
If you miss your court date
Missing a required court date can lead the judge to issue a bench warrant. If you have missed a date, or are worried you might, call an attorney as soon as you can. Addressing it quickly may help. Read more about warrants and probation violations.
Talk to Marcus
Marcus E. DeBose has appeared in San Diego courtrooms since 2001. He can explain what to expect at your arraignment, check on your case, and in many misdemeanor cases appear for you. Book a free consultation in person at the Mission Valley office, or by phone or Zoom. Hablamos español.
This post is general information about California law, not legal advice for your situation. Every case is different, and past results do not guarantee a similar outcome.