What happens at an arraignment hearing for a felony?

A felony arraignment hearing is normally the first formal court appearance in criminal cases where you are charged with a felony offense. At the arraignment, the court will

1. inform you of the crime(s) filed against you,
2. advise you as to your constitutional rights,
3. address issues of bail and release from custody, and
4. accept a plea to the charges (guilty, not guilty or no contest/”nolo contendere”).

Most state criminal laws say that this initial court appearance must take place without unreasonable delay. Furthermore, in most felony cases, you must personally appear for the court hearing date and cannot agree to a waiver of this initial appearance.

Note that arraignment hearings also take place in misdemeanor cases that involve charges of misdemeanor crimes (such as DUI or some form of domestic violence).

What are my rights?

During your felony arraignment, the court advises you of your constitutional rights. These include:

• the right to be represented by a criminal defense attorney (which may be a court-appointed public defender),
• the right against self-incrimination (which means you do not have to testify),
• the rights to a speedy trial and a trial by jury, and
• the right to call and confront witnesses.¹

Who is there?

The following parties are normally present during your felony arraignment:

• the judge,
• you (the “accused” or “defendant”),
• your attorney, and
• the prosecuting attorney (or the district attorney).

Arraignments are usually short court appearances.

When does the arraignment take place?

Most jurisdictions say that an arraignment must take place within a reasonable time after you are arrested.²

An unreasonable delay in holding an arraignment is considered a violation of your Sixth Amendment right to a speedy trial. If too much time passes, your defense attorney may ask the judge to dismiss any charges filed against you.

Arraignments may occur several weeks after the arrest if you are out of custody.

Can there be multiple arraignments?

There might be. In some felony cases, the charges against you may change. For example, a prosecutor may decide to reduce a murder charge to voluntary manslaughter.

In these events, the court may arraign you again even though you already had an earlier arraignment.

When this happens, you usually enter the same plea as you did at the earlier arraignment unless you entered into a plea bargain.

You usually must appear in person for your felony arraignment. 

Can my lawyer appear on my behalf?

Generally, no. Most jurisdictions say that you typically have to appear personally at an arraignment hearing in felony cases.

Some exceptions, however, may apply. For example, there are times when you may appear in court via a two-way audio/video conference (sometimes called “video court”).

Warrants For Your Arrest

If you do not attend your hearing, the court will generally issue a bench warrant against you. A bench warrant authorizes law enforcement officers to arrest you and bring you directly to court.

Failing to appear in court in a felony case is a felony offense. This is a separate crime from the underlying offense for which you failed to appear.

If you do not plead guilty during a felony arraignment, the court will schedule a preliminary hearing.

What is the law in California?

California’s criminal laws on felony arraignment hearings generally follow the rules and procedures outlined above.

Per Penal Code 825 PC, you must be arraigned within 48 hours of an arrest if authorities kept you in custody after the arrest. Weekends and holidays are not included when calculating this timeframe.³

If you are released from custody after a felony arrest, California law requires that an arraignment occur “without unnecessary delay.” In reality, however, if you are out of custody, it may be weeks or even months before an arraignment takes place.⁴

Types of Pleas

As to entering a plea in California, you can plead:

• guilty,
• no contest, or
• not guilty.

You also have the option to request a deferred entry of judgment. “Deferred entry of judgment,” pursuant to Penal Code 1000 PC, is a type of diversion program available in some felony cases that allows you to abide by certain terms and conditions for a set period of time. If you successfully complete the program, you are dismissed of all charges.⁵

Failure To Appear

Depending on the circumstances, if you fail to appear for a felony arraignment, you may face charges under either:

• Penal Code 1320 PC (if you were released from custody on your own recognizance), or
• Penal Code 1320.5 PC (if you were released from custody on bail).⁶

The failure to appear on a felony charge is a felony offense. The crime is punishable by up to one year in jail or up to three years in prison.

Preliminary Hearings

Following your arraignment, the judge will schedule a preliminary hearing.

The purpose of the preliminary hearing is for the judge to determine if there is enough evidence to hold you on the charges filed against you. The hearing is sometimes referred to as a “probable cause hearing.”

If you are “held to answer” for the charges at the preliminary hearing, then afterward you appear at a second arraignment that initiates the pretrial proceedings.⁷

If you are charged with a felony, the judge may agree to let you remain out of custody pending your trial.

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.