An arraignment is the first formal court proceeding in a criminal case. For felony charges, an arraignment must generally occur within 48 hours of a defendant’s arrest if he/she is held in custody. If a defendant is not kept in custody, then the proceeding must typically take place “without unnecessary delay.”
An arraignment is a stage in the criminal court process where:
- the court advises defendants of their Constitutional rights,
- defendants learn of the specific charges that have been filed against them,
- an accused enters a plea (usually an initial plea of “not guilty”), and
- the court sets, modifies, reinstates, or exonerates a defendant’s bail.
In terms of a trial date, the U.S. Constitution and the constitution of individual states guarantee defendants the right to a speedy trial. For felony cases, this means defendants have the right to have a case be brought to trial within 60 days after the date of the arraignment.
When does an accused first appear in court in felony cases?
An arraignment is a defendant’s first formal court appearance in the criminal justice system. It occurs in criminal cases and marks a defendant’s first appearance in court following an arrest.
Defendant is in custody
In felony cases, if a defendant committed an offense requiring him/her to remain in custody, most jurisdictions say that the accused must be arraigned within 48 hours of an arrest. This time does not include weekends and holidays.
If there is an unreasonable delay between the arrest and a defendant’s arraignment, the delay may convert an otherwise lawful arrest into an unlawful detention. Unlawful detention is a type of potential police misconduct that may entitle the accused to receive civil (or monetary) damages.
Note, though, that unlawful detention will not typically result in a dismissal of the case, unless:
- the defendant can prove that the delay deprived him/her of a fair trial, or
- it otherwise caused him/her to suffer some type of prejudice or unfair injury.[1]
Defendant is out of custody
If an accused is being arraigned on a felony complaint that does not require him/her to remain in custody, then most states say the defendant 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.
Judges use these hearings as an opportunity to:
- advise defendants of their Constitutional rights,
- inform defendants of the specific charges that have been filed against them,
- accept an accused’s plea, and
- set, modify, or exonerate an accused’s bail.
The defendant’s rights
As to a defendant’s Constitutional rights, note that both the United States Constitution and state constitutions grant defendants with a variety of rights that they 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 a party 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 for a trial date in a felony case?
The Sixth Amendment to the U.S. Constitution and all state constitutions guarantee defendants 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 a defendant 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 a defendant may waive this right or agree to a court date that takes place long after sixty days. It is often in a defendant’s interest to postpone a trial as the delay gives the 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, an accused must be arraigned within 48 hours after he/she was arrested if still in custody.[2] If the defendant was released from confinement, then he/she must be arraigned without unnecessary delay.[3]
Note that the above 48-hour rule applies to all crimes that require a person to remain in custody, regardless of whether they are felonies or misdemeanors. That said, most defendants are released following a misdemeanor arrest.
When this is the case, the misdemeanor arraignment hearing generally does not take place for at least ten days following an arrest.[4]
Speedy trial rights
Regarding speedy trial rights, every criminal defendant in the State of California has this trial right in criminal proceedings.
The right is set forth in both:
- Article I, Section 15, of the California Constitution, and
- Penal Code 1382 PC.
As to felony cases, the latter statute says that a defendant must be brought to trial within 60 days of the date of either the arraignment or reinstatement of the case.[5]
A defendant can always waive this right and a trial can take place after 60 days if the trial court finds “good cause” to hold the trial later.
Good cause to delay a trial
Examples of when there is a showing of good cause include when:
- the defendant is 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 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 the defendant was denied his /her 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 the defendant.
Legal References:
[1] See, for example, Dragna v. White (1955) 45 Cal.2d 469.
[2] California Penal Code 825 PC.
[3] California Penal Code 859 PC.
[4] California Penal Code 853.6 PC.
[5] California Penal Code 1382 PC.
[6] People v. Sutton (2008) 161 Cal.App.4th 35.
[7] People v. Stiehl (2011) 198 Cal.App.4th 720.
[8] Stanley v. Superior Court (Cal.App.1st Dist. June 9, 2020) 2020 Cal.App. LEXIS 506.