California Arraignment Process

Summit Defense Criminal Lawyers helps people understand what happens after an arraignment and what to expect next in their criminal case. Whether you enter a not guilty plea or a guilty plea, the steps that follow can greatly affect the final outcome

That’s why it’s so important to have a skilled defense attorney on your side from the very beginning. Each scheduled court date after your arraignment plays a major role in how your case moves forward.

What Summit Defense Does After Your Arraignment

After your arraignment, our attorneys begin the process of evaluating the strengths and weaknesses of the case against you. The first step is obtaining all relevant discovery — this includes every police report associated with your arrest, video and audio recordings available to the District Attorney, and any other information that may help prove your innocence.

We also look closely at how the evidence against you was gathered. If evidence was illegally obtained, we will work to have it excluded. Depending on your case, we may bring in private investigators and other experts to provide information that supports your defense.

Our goal is always the complete dismissal of all charges. This is not always possible, but our thorough approach achieves the best possible outcome in every case.

Creative Options for Resolving Your Case

When a complete dismissal is not possible, our attorneys are experienced at finding creative solutions that minimize negative consequences. Options we regularly pursue include:

• Civil compromises — resolving the matter outside of the criminal system in appropriate cases
• Jail alternatives — such as counseling, community service, or home monitoring instead of incarceration
• First offender programs — which can keep your record clean and avoid a permanent conviction
• Diversion programs — allowing you to complete certain requirements in exchange for charges being dropped

These and other strategies can be used to protect your freedom and your reputation, even when the charges initially seem serious.

What Is an Arraignment?

An arraignment is the first formal court hearing after an arrest. It sets the stage for everything that comes next.

Formal Reading of Charges

At your arraignment, the court officer or judge will read out the criminal charges filed against you. These charges can range from misdemeanors to felony charges, depending on what the district attorney filed.

This step is called being formally advised of the accusations. It ensures the criminal defendant knows exactly what they’re facing. You have the right to hear the full list of charges and to ask your defense attorney if you don’t understand anything.

The charges may be read in open court, and you may feel shocked or overwhelmed. That’s normal. The important thing to remember is this is only the start of the criminal case, and you still have many chances to seek a favorable outcome.

Entry of a Plea

After the charges are read, you will be asked to enter a plea. The judge will ask if you plead guilty, not guilty, or no contest. If you enter a not guilty plea, the criminal court process moves toward a trial. A guilty plea means you accept the charges, and the court moves to sentencing.

A no contest plea means you’re not fighting the charges, but you’re also not admitting guilt. Your defense attorney may recommend waiting before entering any plea, especially if you haven’t seen the evidence yet. In some cases, the court may allow a delay to give your lawyer more time to review everything before deciding how to proceed.

Bail or Release Conditions Are Set

One of the most important parts of arraignment is when the judge decides whether to set bail or release you. This step is called the bail hearing. The court may release you on your own recognizance, which means you promise to come back without paying money. Or the judge may set bail based on the seriousness of the charges, your criminal history, or the risk of flight.

In some cases, the court might hold a dangerousness hearing to see if it’s safe to release you at all. If you are denied pre trial release, you will stay in jail until your next scheduled court date.

Next Court Date Is Scheduled

Once the arraignment is over, the judge will give you your next trial date or pre trial conference date. This is a very important part of the process. If you are out on bail or released on your own recognizance, you must appear at every court date.

If you miss one, the judge may issue a warrant for your arrest. If you are in custody, your lawyer will appear with you or on your behalf. This next scheduled court date is when your criminal case will begin moving into the next phase, whether it’s pre trial, plea talks, or preparation for trial.

If You Plead Guilty or No Contest: Sentencing Is Scheduled

If you enter a guilty plea or choose to plead no contest, the court will move your case forward to the sentencing phase. This step is where the judge decides what penalties you will face. Sentencing can happen right away or be scheduled for a later court date, depending on the case.

Judge May Sentence Immediately or Order a Report

After a guilty plea, the judge has the power to decide your punishment during the same court hearing. But sometimes, the judge may want more information first. In that case, they will order a probation report, which gives details about your background, your life, and the facts of the criminal case.

The court may want input from a probation officer before giving you any penalties. This report can help the judge understand if you’re a good candidate for probation or if jail time is more appropriate. It may also include recommendations based on your past, the charges, and whether you have been found guilty before.

In more serious cases or when the charges are complex, the judge usually waits for this report. A new court date will then be scheduled for sentencing.

Victim Impact Statements May Be Considered

In many cases, the court may allow a victim to speak or provide a written statement before sentencing. These are called victim impact statements and can affect the judge’s final decision.

The victim may explain how the crime affected them emotionally, physically, or financially. The court takes these words seriously, especially in domestic violence cases or other more serious offenses involving injury or loss.

While the defense attorney will be focused on showing your side of the story, the court also wants to hear from the victim if there is one. This helps the judge see the full picture before making a decision.

Sometimes, these statements can lead to a harsher punishment. In other cases, they may help the court see that a lighter sentence is fair. Either way, they are part of the process and may be shared at the sentencing hearing.

Sentencing Hearing Determines Punishment

At the sentencing hearing, the judge will decide your final punishment based on the facts of your criminal case, your guilty plea, and anything presented by the lawyers or the probation department. This hearing is often short but extremely important.

You may be ordered to serve jail time, go on probation, attend a treatment program, or even pay restitution to the victim. The judge may also set rules you must follow if you’re not going to jail, such as community service or staying away from certain people or places.

The criminal court process gives the judge full authority to weigh all sides before handing down a sentence. Your lawyer will argue for the lowest punishment possible and explain anything that might help your case.

Once the sentencing hearing is over, your sentence begins right away, unless the judge sets a future date to report or start serving time.

Aggravating and Mitigating Circumstances

Apart from the nature of the offense itself and any prior criminal history, judges consider the specific circumstances of each case before passing sentence. Some factors can increase a sentence — these are called aggravating circumstances. Others can decrease a sentence — these are called mitigating circumstances.

Aggravating circumstances might include things like the severity of harm caused, the vulnerability of the victim, or a pattern of prior offenses. Mitigating circumstances might include a lack of prior criminal history, genuine remorse, cooperation with law enforcement, or evidence of rehabilitation.

Our attorneys know how to build a positive case at sentencing — bringing together as many mitigating circumstances as possible and reducing the impact of any aggravating factors the prosecution may raise. The goal is always the most favorable outcome, even at this stage of the process.