During your arraignment, the judge (or, in larger counties, a prerecorded announcement) will advise you of these rights. Prior results do not guarantee a similar result or predict the outcome of a case. 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. Both the judge and prosecutor will automatically know that youre not willing to easily accept whatever plea deal theyre offering all the other defendants that appear without an attorney that day. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow The defendant will be asked if they have an attorney. DUI arrests don't always lead to convictions in court. They will also inform you of the following constitutional rights: To hire an attorney or be provided with a public defender (except for infractions); To confront and cross-examine any . Felonies - The Superior Court of California, County of Santa Clara The second happens after the preliminary hearing if the result of that hearing is to hold the defendant to answer on the charges. Public safety shall be the primary consideration. A California judge will use a bail schedule to determine how much you must pay for your temporary release. An arraignment must occur within 48 hours of an arrest if the arrestee is kept in custody after the arrest. Every case is different. It signifies that the prosecutor believes sufficient evidence exists to show you may have committed a crime and that a complaint has been filed. Their Nevada law offices are located in Reno and Las Vegas. (release on your own recognizance). If it appears that the defendant may be a minor, the magistrate shall ascertain whether that is the case, and if the magistrate concludes that it is probable that the defendant is a minor, he or she shall immediately either notify the parent or guardian of the minor, by telephone or messenger, of the arrest, or appoint counsel to represent the minor.), California Penal Code 686 PC Defendants rights; speedy and public trial; counsel; production of witnesses; confronting adverse witnesses; hearsay evidence; depositions. Remember, this is the first time the judge and prosecutor will see you. (b) The deposition of a witness taken in the action may be read to the extent that it is otherwise admissible under the law of this state.), California Penal Code 19.6 Infractions; punishment; jury trial; right to public defender. You or your attorney could request adeferred entry of judgment. An arraignment is a hearing that is designed to set the stage for the rest of the criminal proceedings. You can also look for these court rules in any law library. You should speak with a licensed attorney about your case. Or more. If you or your attorney fails to appear (commonly referred to as an FTA), the court will generally issue a California bench warrant. Judges routinely grant continuances at arraignments to give you more time to hire an attorney. This means that it is the prosecutor who has to convince the jury that the defendant is guilty and must provide proof of guilt beyond a reasonable doubt. Blacks Law Dictionary, Sixth Edition Arraignment.. Californias criminal laws on felony arraignment hearings generally follow the rules and procedures outlined above. Not really. 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. At the arraignment, the judge tells the defendant: What the charges are, What his or her constitutional rights are, and That if he or she does not have enough money to hire a lawyer, the court will appoint a lawyer free of charge. This determination is made based on whether the defendant is a threat to the community or any parties in the case.
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