How long does it take to get a court date for a felony?

An arraignment is the first formal court proceeding in a criminal case.

For felony charges, an arraignment must generally occur within 48 hours of your arrest if you are held in custody. If you are not kept in custody, then the proceeding must typically take place “without unnecessary delay.”

In terms of a trial date, the U.S. Constitution and the constitution of individual states guarantee you the right to a speedy trial. For felony cases, this means you have the right to have a case be brought to trial within 60 days after your arraignment.

When do I first appear in court in felony cases?

You Are In Custody

In felony cases, if you committed an offense requiring you to remain in custody, most jurisdictions say that you must be arraigned within 48 hours of an arrest. This time does not include weekends and holidays.

If there is an unreasonable delay between your arrest and arraignment, it may be an unlawful detention. This is a type of police misconduct that may entitle you to receive civil (or monetary) damages.

Note, though, that an unlawful detention will not typically result in a dismissal of the case, unless:

1. you can prove that the delay deprived you of a fair trial, or
2. it otherwise caused you to suffer some type of prejudice or unfair injury.¹

You Are Out Of Custody

If you are being arraigned on a felony complaint that does not require you to remain in custody, then most states say you must be arraigned without unnecessary delay.

In reality, if custody is not involved in a case, it may take weeks or even months before an arraignment occurs.

What happens at an arraignment?

Arraignment hearings take place in both misdemeanor cases and felony cases. An arraignment is a stage in the criminal court process where:

• the court advises you of your Constitutional rights,
• you learn of the specific charges that have been filed against you,
• you enter a plea (usually an initial plea of “not guilty”), and
• the court sets, modifies, reinstates, or exonerates your bail.

Your Rights

As to your Constitutional rights, note that both the United States Constitution and state constitutions grant you a variety of rights that you may exercise at an arraignment and during a criminal court case.

Some of these rights include:

• the right to be represented by a criminal defense attorney/defense lawyer (which includes the right to be represented by a court-appointed public defender if you cannot afford a private lawyer),
• the right against self-incrimination,
• the right to a speedy trial,
• the right to a trial by jury, and
• the right to produce and confront witnesses.

How long does it take to get a trial date in a felony case?

The Sixth Amendment to the U.S. Constitution and all state constitutions guarantee you the right to a speedy trial. The right to a speedy trial is the right to receive a jury trial reasonably quickly after the beginning of a criminal case.

As to felony cases, this right means you must be brought to trial within 60 days of the date of either:

• the arraignment,
• reinstatement of the case (which is re-establishing a case that was dismissed), or
• an order granting a new trial after a mistrial.

Note, though, that you may waive this right or agree to a court date that takes place long after 60 days. It is often in your interest to postpone a trial as the delay gives your defense counsel more time to gather evidence and discredit the arguments of the prosecuting attorney.

What is the law in California?

California law generally follows the rules and laws discussed above. In California felony cases, you must be arraigned within 48 hours after you were arrested if still in custody.² If you were released from confinement, then you must be arraigned without unnecessary delay.³

Note that the above 48-hour rule applies to all crimes that require you to remain in custody, regardless of whether they are felonies or misdemeanors. That said, you will likely be released following a misdemeanor arrest.

When this is the case, the misdemeanor arraignment hearing generally does not take place for at least 10 days following an arrest.⁴

Speedy Trial Rights

California’s speedy trial rights are set forth in both:

• Article I, Section 15, of the California Constitution and
• Penal Code 1382 PC.

As to felony cases, PC 1382 says that you must be brought to trial within 60 days of the date of either the arraignment or reinstatement of the case.⁵ You can always waive this right if the trial court finds “good cause” to hold the trial later, such as:

• you are incapacitated,
• new evidence has come to light,
• the case is too complex for a speedy trial,
• there is a preference for a joint trial (if there are multiple defendants),⁶
• the clerk of the court made a filing mistake,⁷ and
• there is a global pandemic (such as COVID-19) and it has a severe impact on the State.⁸

Serna Motions

Note that a Serna motion is a motion to dismiss a criminal case because you were denied your constitutional right to a speedy trial.⁹

Serna motions are also known as “speedy trial motions.” They are filed as part of the pretrial process under California criminal law.

A successful Serna motion will result in the judge dismissing any charges filed against you.

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• The Quality of Justice in Misdemeanor Arraignment Courts – The Journal of Criminal Law, Criminology, and Police Science.
• Right to Counsel before Arraignment – Minnesota Law Review.
• Police Interrogation: The Right to Counsel and the Prompt Arraignment – Brooklyn Law Review.
• Tracing Charge Trajectories: A Study Of The Influence Of Race In Charge Changes At Case Screening, Arraignment, And Disposition – Criminology.
• Criminal Law. Arraignment. Plea – California Law Review.

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