Your First Court Date: What to Expect at a California Arraignment

Your arraignment is your first court date in a California criminal case. At it, the judge reads the formal charges against you, advises you of your rights, and asks you to enter a plea. In almost every case, the right plea at this stage is "not guilty," because it protects all of your rights and gives your attorney time to review the evidence before any decision is made. The arraignment is usually short and procedural, but it sets the direction of the case — and for many misdemeanors, your attorney can even appear for you so you do not have to be there.

What actually happens at an arraignment

Despite the formal name, an arraignment is brief — often just a few minutes in front of the judge. Here is what takes place.

1. The charges are read. The judge or clerk states the formal charges the prosecutor has filed against you. This is the first time the official charges are made clear.
2. You are advised of your rights. The court reminds you of your constitutional rights, including the right to an attorney and the right to a trial.
3. You enter a plea. You respond with guilty, not guilty, or no contest. Almost always, this should be not guilty.
4. Bail and release are addressed. The judge decides whether you stay released, are released on your own recognizance, or must post bail, and may set conditions.
5. Future dates are set. The court schedules the next steps, such as a pretrial conference or, in felony cases, a preliminary hearing.

Why "not guilty" is almost always the answer

It can feel strange to plead not guilty when you are unsure of the facts, but at arraignment it is the smart, standard move. At this point, your attorney has not yet seen the police reports, the lab results, or the video. Pleading guilty right away throws away your leverage before anyone has checked whether the case against you is even solid. A not-guilty plea simply says "let's see the evidence first." It keeps the door open to a dismissal, a reduction, or a favorable deal later. Nothing is lost by it, and a great deal can be gained.

Do you even have to be there?

This surprises many people. For most misdemeanor cases, California Penal Code 977 lets your attorney appear on your behalf, which means you may not have to take time off work or appear in court at all. For felony charges, you generally must be present. Either way, if a court appearance is required and you miss it, the judge can issue a bench warrant for your arrest — so it is important to know your exact obligations. An attorney can confirm whether you need to appear and, when allowed, handle the arraignment for you.

Timing: how soon after arrest?

If you are being held in custody, your arraignment must generally happen within 48 hours, not counting weekends and court holidays. If you were cited and released with a court date, the arraignment is usually set a few weeks out. Elk Grove and Sacramento-area cases are typically heard at the Sacramento County Superior Court. The gap before your first court date is valuable time — it is the window to hire an attorney and start building your defense before you ever set foot in the courtroom.

How to prepare for your arraignment

• Talk to an attorney first. Even a short consultation before your date changes how the arraignment goes and what happens next.
• Bring your paperwork. Your citation and any documents list your charges, date, department, and courtroom.
• Know your charge level. Whether it is a misdemeanor or a felony affects whether you must appear and what comes next.
• Say as little as possible. Let your attorney speak for you. Enter a not-guilty plea and let the process work.
• Show up on time and dress respectfully if you are appearing. First impressions with a court matter.

What comes after the arraignment

The arraignment is only the beginning. After it, your attorney gets the evidence from the prosecution and reviews it for weaknesses — an unlawful stop, a testing error, missing records, or a rights violation. This is where cases are actually shaped. Many are resolved through negotiation, some are dismissed on motions, and a few go to trial. If you want a sense of the full path, our guide on what to do after a DUI arrest walks through the stages of a case from start to finish.

Frequently asked questions

What happens at an arraignment in California?

The judge reads the formal charges, advises you of your rights, and asks you to enter a plea of guilty, not guilty, or no contest. The judge also addresses bail or release and sets future dates. It is your first court appearance, usually within a few weeks of arrest.

Do I have to go to my arraignment in California?

For most misdemeanors, your attorney can appear for you under Penal Code 977, so you may not have to attend. For felonies, you generally must be present. Missing a required arraignment can lead to a bench warrant, so confirm your obligations with an attorney.

What plea should I enter at an arraignment?

Almost always not guilty. It preserves your rights and gives your attorney time to review the evidence before any decision. Pleading guilty at arraignment gives up your leverage before anyone has examined the case.

How long after arrest is an arraignment in California?

If you are in custody, generally within 48 hours, not counting weekends and holidays. If you were cited and released, usually a few weeks out. The exact timing depends on the court and the charge level.

Have a first court date coming up? Talk to someone before you go. Attorney Randall T. Shrout is a former Sacramento County prosecutor who has stood on both sides of the courtroom for over 24 years and can often appear at your arraignment for you. Request a free case review or call (916) 937-8322 for a free, confidential consultation — available 7 days a week for urgent matters.