The latter is held in felony cases after an arraignment occurs. the court will set, modify, reinstate, or exonerate your bail. Defendant may request a continuance to acquire private counsel. You want to make sure you appear dressed in business casual attire. For example, a defendant charged with an infraction is not entitled to a court-appointed attorney or a trial by jury.9. Bail is set if necessary. Not really. If the jury finds the defendant not guilty, it is called an acquittal and the defendant will be released. It's at this point that the accused person will typically hire an attorney to represent them. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance, or a deposit of bail.), See same. While defendants who meet certain criteria are entitled to a court-appointed attorney during a criminal case, you could also benefit from reaching out to a seasonedcriminal defense attorneyin your community. the right against self-incrimination (which means you do not have to testify), the rights to a speedy trial and a trial by jury, and. Per Penal Code 825 PC, you must be arraigned within 48 hours of an arrest if authorities kept you in custody after the arrest. Try to maintain a calm but confident demeanor. This could be weeks or months from the date of the original arrest. Courts consider a number of factors in determining how to set bail or whether to release the defendant pending his trial. Arraignments differ from preliminary hearings. At an arraignment the following happens: Defendant enters a plea. If arrested, you will not be allowed to get a copy of this report. Preliminary hearings are much like grand jury proceedings. Next the defendant will be asked how they plead to the charges. ), Depending on the circumstances, sometimes even making you wait 48 hours could be considered unreasonable an issue that your attorney could explore and potentially argue on your behalf.2, If there is an unreasonable delay between your arrest and your arraignment, the delay converts an otherwise lawful arrest into anunlawful detention. In this episode Dinesh reviews the arraignment process for Trump and outlines what happens next. Visit our California DUI page to learn more. What Is the Process for an Arraignment Hearing? - FindLaw An arraignment is a court proceeding at which a criminal defendant is formally advised of the criminal charges against him and may be asked to enter a plea to the charges. ACalifornia bench warrantauthorizes law enforcement officers to arrest you and bring you directly to court. What happens at a felony arraignment? Although there are a few exceptions, an attorney cannot act in your place. This are the least eventful of everything of your court dates, but it serves several purposes. If this applies to you, call us to discuss potential strategies to address this complication.