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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
Most state criminal laws say that this initial court appearance must take place without unreasonable delay. Further, in most felony cases, you must personally appear for the hearing court date and cannot agree to a waiver of this initial appearance.
Felony arraignment hearings are court proceedings that take place in criminal cases that involve felony charges.
The hearing is considered a type of first appearance, as it is typically the first time you appear in court during the felony court process.
During this hearing:
With respect to constitutional rights, note that the U.S. Constitution affords you with the following:
Felony arraignment hearings in federal cases typically take place in a district court. The following parties are normally present during these pre-trial conferences:
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).
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.
There are times when an arraignment is not conducted until quite some time after a criminal complaint, indictment (filed after a grand jury trial), or information is issued. In these situations, a defense attorney may ask the judge to dismiss any charges filed against you.
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.
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”).
If you do not attend your hearing, the court will generally issue a bench warrant/arrest 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.
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 were released from custody after a felony arrest, then California law says that an arraignment must 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
As to entering a plea in California, you can plead:
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
Depending on the circumstances, if you fail to appear for a felony arraignment, you may face charges under either:
The failure to appear on a felony charge is a felony offense. The crime is punishable by:
Note that under California law, an arraignment is different than a preliminary hearing. The latter is held in felony cases after an arraignment occurs. But 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.
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.”7
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.