Criminal Defense
Arraignment and Preliminary Hearing in California
Arraignment: Your First Court Appearance
Arraignment typically occurs within 48–72 hours of arrest (excluding weekends and holidays). You appear before a judge, who reads the charges and advises you of your rights. You enter a plea. For misdemeanors, the case may be set for trial. For felonies, a preliminary hearing date is usually set.
Pleas at Arraignment
- Not guilty: Most common. Preserves all defenses and allows time to investigate
- Guilty: Admits the offense; case moves to sentencing
- No contest (nolo contendere): Does not admit guilt but accepts conviction; can have different effects in civil cases
Preliminary Hearing (Felony Cases)
At the preliminary hearing, the prosecution presents witnesses and evidence. The standard is probable cause—whether a reasonable person would believe you committed the offense. Your attorney can cross-examine witnesses, present evidence, and argue that the case should be dismissed or reduced to a misdemeanor.
If You Are "Held to Answer"
If the judge finds probable cause, you are "held to answer" and the case proceeds to Superior Court for arraignment on the information (formal charges) and trial. If the judge dismisses, the charges are dropped—though the prosecution may refile.
Frequently Asked Questions
What happens at an arraignment?
At arraignment, you are formally advised of the charges, your constitutional rights, and you enter a plea (guilty, not guilty, or no contest). The court may address bail, set future dates, and appoint counsel if you qualify.
What is a preliminary hearing?
A preliminary hearing (prelim) is a probable cause hearing in felony cases. The prosecution presents evidence; the judge decides whether there is enough to hold you over for trial. It is not a trial—the burden is much lower. Your attorney can cross-examine witnesses and argue that charges should be dismissed or reduced.
Do I need an attorney for arraignment?
Yes. An attorney can argue for reduced bail or O.R., advise you on your plea, and begin building your defense. Representing yourself at arraignment can lead to unfavorable outcomes.
Need Legal Assistance?
Contact the Law Offices of Steven A. Alexander for a free consultation. Offices in Santa Ana and Fresno. Bilingual (English/Spanish).
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