What Happens at Arraignment in California

Last reviewed: July 28, 2026  Checked against the current California code on this date.

Your first court date is called an arraignment. Here’s the short version. You stand up. The judge checks your name and tells you the charge. You say “not guilty.” The judge gives you a new date. Then you go home. It usually takes less than five minutes. You don’t have to explain anything, prove anything, or decide anything about your case that day.

Don’t miss this date. If you don’t show up, the judge can order your arrest that same morning. Missing court can also be charged as a separate crime, on top of what you already face. If you can’t get there, call the courthouse business office before the hearing. Not the clerk. That one phone call is the difference between a problem and a warrant. Already missed it? Read what happens if you miss your court date first.

On this page

1. What an arraignment is
2. When it happens
3. What the room actually looks like
4. What happens when they call your name
5. Why you say not guilty
6. How to ask for the public defender
7. If the DA hasn’t filed charges yet
8. What “time waived” means
9. If you’re in custody on a felony, there’s a second clock
10. What to bring, and what not to say
11. County variation
12. What we see in real cases
13. Do I need a private lawyer for this?

What an arraignment is

An arraignment is the official start of a criminal case. Three things happen, and that’s all.

The court tells you what you’re charged with. The judge tells you your rights, including your right to a lawyer. Then you enter a plea, which just means you say whether you did it.

It’s not a trial. Nobody testifies. The judge isn’t deciding whether you’re guilty, and won’t listen to your side of the story.

That comes much later, through a lawyer, after you’ve seen the evidence.

Read more: what the court has to do

The arraignment itself. Penal Code 988 says an arraignment is three acts. Read the charging paper out loud. Hand you a true copy of it, including the list of witnesses. Ask whether you plead guilty or not guilty.

The reading is almost always skipped. Your lawyer says “we waive reading,” which means “you can skip it,” and the case moves on.

One quirk. If your case is a misdemeanor complaint, the court doesn’t have to hand you a copy unless you ask for one. So ask.

If your case is a felony, your first appearance is different. Penal Code 859 covers that hearing. The magistrate has to give you a copy of the complaint, tell you about your right to a lawyer, ask if you want one, give you reasonable time to find one, and appoint one if you can’t afford it.

You don’t enter a plea at that hearing. On a felony the plea comes later, at the arraignment on the information. So if you have a felony case and nobody asked you to plead at your first appearance, nothing went wrong.

The right to a lawyer. Penal Code 987(a) covers every case that isn’t a death penalty case. Misdemeanor or felony, same rule. If you show up without a lawyer, the court has to tell you that you have a right to one before you’re arraigned, ask if you want one, and appoint one if you can’t afford it.

When it happens

Depends on whether you’re in jail.

Still in jail? Your arraignment happens fast. The law says within 48 hours of your arrest, not counting Sundays and court holidays (Penal Code 825).

Read that again, because people get it wrong. Saturdays count. Sundays don’t. The weekend doesn’t simply stop the clock.

Read more: how the 48 hours are actually counted

Penal Code 825(a)(1) sets the outside limit at 48 hours after arrest, excluding Sundays and holidays. Saturdays are not excluded.

Subdivision (a)(2) handles what happens when the clock runs out at an awkward time. If the 48 hours expire while the court isn’t in session, the time stretches to cover the next court session on the following judicial day. If they expire while court is in session, the arraignment can happen any time during that session.

There’s one oddly specific rule. If you’re arrested on a Wednesday after that day’s court session has ended, and that Wednesday isn’t a court holiday, you have to be before the magistrate no later than the following Friday, as long as Friday isn’t a holiday.

Cited and released? Your date is printed on the paper the officer gave you. Usually a few weeks out. That date can move, which surprises people. More on that below.

What the room actually looks like

This is the part nobody describes. It’s also the part that makes people panic.

You won’t be the only case. In most courthouses everyone on the arraignment calendar is set for one 8:30 block. Dozens of people, one time slot. Then cases get called one at a time.

The order isn’t when you arrived. It isn’t alphabetical either.

So expect to wait. An hour is normal. Two isn’t unusual.

People with private lawyers often get called earlier. That isn’t the court favoring them over you. Courts move lawyers through so they can get to their next courthouse. Worth knowing so you don’t read something into it.

When they call your name, you walk to the front. You’re there a few minutes. Then you sit down or leave.

What happens when they call your name

In order, and fast:

• The judge checks your name.
• The judge states the charge. The full reading is usually skipped.
• You get a copy of the complaint if you don’t have one.
• You enter your plea. Almost always not guilty.
• The judge deals with your custody status. That means whether you stay out, whether bail is set, or whether you’re released on a promise to come back. That promise is called OR, short for own recognizance.
• The judge sets your next date and says it out loud. Write it down before you leave the room.

Why you say not guilty

At this point you haven’t seen the police report. You haven’t seen the video, the lab results, or the witness statements.

You don’t know if the stop was legal. You don’t know if the test was done right. You don’t know if the DA can even prove the charge.

Saying not guilty doesn’t mean you’re claiming innocence to the world. It means “I’m not settling this today.” You can change it later, and most cases do end in a plea deal eventually.

But you can’t take it back. Pleading guilty at arraignment gives up every defense and every chance at a better deal. All of it, before anyone has looked at the evidence.

One honest exception. On very minor cases, some people decide the fastest way out is to pay and be done. That can be a reasonable choice. Just make it knowing what you’re giving up, not because you felt rushed at a podium.

How to ask for the public defender

If you can’t afford a lawyer, you get one. Say this to the judge:

“Your Honor, I would like to apply for the public defender.”

That’s the whole script.

You’ll fill out a short form about your income, your bills, and who depends on you. Some counties charge a small application fee. In practice it’s usually waived, as long as you say plainly that you can’t afford an attorney.

How you actually reach them depends on where you are. In San Diego the public defender calls your name when you arrive and meets with you before the hearing, so you get a real conversation before you ever stand up. In Riverside and San Bernardino you apply right there in the courtroom.

Either way you don’t need to track down an office in advance.

A public defender isn’t a lesser lawyer. Public defenders try more cases than almost any private attorney, and they know the local judges and DAs cold.

If the DA hasn’t filed charges yet

This catches almost everyone, and almost nobody writes about it.

Getting arrested isn’t the same as getting charged. Police arrest. The District Attorney decides whether to file a case. Two different offices, two different decisions.

The DA doesn’t always decide by the date on your citation. So one of three things happens on your date:

• Charges were filed. Your arraignment goes ahead as described above.
• Nothing was filed. Your name isn’t on the list posted outside the courtroom. This doesn’t mean it’s over. The DA can still file later.
• Something different was filed. The charge doesn’t have to match what the officer wrote. It can be more, less, or different.

Go anyway. Always. Even if you’re sure nothing was filed, being told “no case today” costs you a morning and guessing wrong gets you a warrant.

What “time waived” means

You have a right to have your case finished within a set number of days. At arraignment your lawyer will very often say “time waived,” and nobody explains what just happened.

Waiving time means giving up those deadlines so the case can take longer.

Sounds bad. Usually good. Your lawyer needs time to get the evidence, read it, investigate, and negotiate. Refusing to waive time forces a fast trial, which mostly hurts the person who needs the most preparation.

You can also waive time for a set period instead of forever. This is a real decision and it belongs to you, not your lawyer. Ask why they’re recommending it.

Read more: the actual deadlines you are giving up

Penal Code 1382 sets three different clocks. Which one is yours depends on the charge and on whether you’re locked up.

• Misdemeanor, in custody: 30 days from arraignment or from entering your plea, whichever comes later.
• Misdemeanor, out of custody: 45 days from arraignment or plea, whichever comes later.
• Felony: 60 days from arraignment on the information or indictment.

There’s also a backstop. If your trial gets set past the deadline because you asked for it or agreed to it, but you didn’t give a general waiver, you still have to be tried on that date or within 10 days after it.

Waiving time pauses the clock. A general waiver gives it up with no end date, though you can take the waiver back later. A limited waiver gives up a set number of days and no more.

If you’re in custody on a felony, there’s a second clock

The deadlines above are about trial. There’s a faster one, and it matters far more when you’re sitting in jail waiting.

On a felony you get a preliminary hearing, which is where a judge decides whether there’s enough evidence to make you stand trial. It isn’t the trial. It’s usually over in an hour or two.

That hearing has to happen within 10 court days of your arraignment or your plea, whichever comes later.

“Court days” means days the court is open. Weekends and holidays don’t count. So 10 court days usually lands about two weeks out.

Here’s the part worth knowing. If you’re in custody and that hearing gets pushed past the 10 court days, the judge has to dismiss the case. Not “may.” Has to.

Two things cancel that. You can give up the deadline yourself. Or the DA can show the judge a good reason for the delay.

Read the first one again. You give it up. Your lawyer can’t waive this one for you the way they waive trial time. It has to come from you, out loud, on the record.

There’s also a release valve. If the hearing goes past 10 days, you can be let out on your own promise to come back instead of the case getting dismissed (Penal Code 1318). The statute lists exceptions, so this isn’t automatic.

And there’s a hard ceiling. Without your own personal waiver, the preliminary hearing can’t go past 60 days from arraignment.

My opinion: if you’re in custody and someone asks you to waive the 10 days, slow down and ask what you get for it. Sometimes the answer is good, like your lawyer needs the police reports in hand before the hearing. Sometimes you’re just agreeing to sit in jail longer. Make them tell you which one it is.

Read more: the 10-day rule in the statute

Penal Code 859b governs when the preliminary examination has to happen.

• The examination must be set within 10 court days of the arraignment or plea, whichever is later.
• Dismissal is mandatory where the examination is set or continued beyond 10 court days and the defendant has remained in custody 10 or more court days solely on that complaint. Two exceptions: a personal waiver by the defendant, or a prosecution showing of good cause.
• Where the examination goes beyond 10 days, the defendant is entitled to release under Penal Code 1318 on their own recognizance, subject to the exceptions that section sets out.
• Absent a personal waiver, the examination may not be continued beyond 60 days from arraignment.

What to bring, and what not to say

Bring the paperwork you were given, a photo ID, and proof of income if you’re applying for the public defender. Recent pay stubs or a benefits letter work. Bring a list of dates in the next two months when you truly can’t come back.

Don’t bring your evidence or your witnesses. There’s nowhere to put them and nobody will look at them.

Don’t explain your case to the judge. Not one sentence. Everything you say in that room is recorded and can be used against you. If the judge asks you something, answer only that question. “Yes, Your Honor” and “No, Your Honor” will get you through most arraignments.

Read how to dress and act in court before you go. It’s short, and it matters more here than people expect, because the judge is sizing you up in about 90 seconds.

County variation

Whether the DA actually files by the date on your citation comes down to how impacted that court is, and it varies a lot:

• San Diego is good. Expect your case to be there.
• Riverside is usually on time.
• San Bernardino is not good. It’s the one where you’re most likely to show up to no case on the calendar.

None of that changes what you should do, which is go. But if you’re in San Bernardino and your name isn’t on the list, that’s ordinary, not a sign anything went wrong.

All three counties let a lawyer appear for you on an out-of-custody misdemeanor, so you may not have to be there at all. It’s rare, but a newer judge will occasionally want you present anyway. That’s most likely if the court is going to serve a protective order that day.

What we see in real cases

• The wait is longer than the hearing. Two hours on a hard bench, four minutes at the podium. People brace for a fight that never comes.
• The fastest way to hurt yourself is to be disrespectful to the court. That is the thing judges react to at arraignment. Not nerves, not a bad suit, not saying the wrong legal word. Attitude. Interrupting, arguing, sighing, talking over the judge. It costs people real ground in a hearing that was going to be over in four minutes.
• Almost nobody resolves a case at arraignment. The first date sets up the case. It doesn’t decide it.
• The people who get hurt at arraignment are the ones who talk. Explaining, apologizing, or arguing creates a record that follows the case. Silence is free.
• Ask for time if you’re not ready. If you want to hire a lawyer and haven’t yet, say so. Courts routinely give you one delay for that.
• Bring the dates you can’t do. New dates get set fast, and moving one later is harder than getting it right the first time.
• If you’re in jail, this is also your bail hearing. That makes it the most important five minutes of the early case, and the one where having a lawyer already hired matters most.

Do I need a private lawyer for this?

For the arraignment itself, honestly, no. Standing up and saying “not guilty” is something you can do alone, and thousands of people do it every week. If you plan to apply for the public defender, showing up alone is the normal path.

One thing worth knowing if you do hire someone. On a misdemeanor your lawyer can usually go without you. Penal Code 977 says a person charged with a misdemeanor only may appear by counsel only, and San Diego, Riverside and San Bernardino all allow it in practice. That can save you a day of work.

You may also be able to appear remotely. The same statute says that if you agree, your first appearance, the arraignment, the plea, and most other hearings can be held remotely using technology. Trials are the exception. Whether it actually happens depends on the courtroom, so ask the court or your lawyer whether that department is set up for it.

Two exceptions written into the statute. On a misdemeanor domestic violence case, or a violation of a protective order, you have to be there in person for arraignment and sentencing. On a misdemeanor DUI, the judge can order you to show up. That DUI list includes a wet reckless, which catches people who assumed the reduction got them out of appearing.

Separately from the statute, a newer judge will occasionally want you there anyway, most often when a protective order is going to be served. It doesn’t happen much, but ask your lawyer rather than assuming.

It changes if you’re in jail, if the charge is a felony, or if the judge will also set bail that day. Then having a lawyer at that first hearing matters a lot.

And if you’re thinking about pleading guilty at arraignment just to get it over with, talk to someone first. That’s the one thing you can’t undo.

This is general information, not legal advice. Talk to a California attorney about your situation.

Keep reading

• How to Dress and Act in Court (So the Judge Takes You Seriously)
• First DUI in California: Exactly What Happens, Step by Step
• Served With a Restraining Order in California: What to Do First