What Happens at Arraignment in California (and How Long After Arrest)

person arraigned and taking fingerprints at jail

What Happens at Arraignment in California (and How Long After Arrest)

If a loved one has just been arrested in California, the next big moment after booking is the arraignment. It’s the first time they stand in front of a judge, hear the charges read aloud, and enter a plea. For families, it’s also the first real chance to see the case in motion — and, often, the first chance to get bail reduced.

Here’s what it actually looks like.

What is an arraignment?

An arraignment is a court hearing where four things happen:

The judge formally tells the defendant what charges have been filed against them.
The defendant is informed of their constitutional rights, including the right to an attorney.
The defendant enters a plea — typically “not guilty” at this stage.
The judge addresses bail: keeping it as set, raising it, lowering it, or releasing the defendant on their own recognizance (OR).

It’s usually quick — often less than ten minutes per case, depending on the courtroom’s calendar.

How long after arrest does arraignment happen?

California law requires that anyone arrested without a warrant be arraigned within 48 hours of arrest, not counting weekends or court holidays. So in practice:

Arrested Monday morning → arraignment likely Tuesday or Wednesday.
Arrested Friday night → arraignment likely Monday or Tuesday.
If your loved one is already released on bail, the arraignment is scheduled for a future date (typically a few weeks out), and they must appear at that hearing.

If the person is still in custody at the time of arraignment, the hearing happens at the courthouse closest to the jail. In Los Angeles County, that’s usually one of the LA County Superior Court arraignment courts. The LA County jail bail process guide walks through the full custody-to-court timeline.

Important: If your loved one is released on bail before arraignment, they still have to attend that arraignment date. Skipping it triggers a failure to appear warrant — almost always a bad outcome.

What gets said at the arraignment

The judge will:

Read or summarize the charges filed by the prosecutor.
Confirm the defendant’s name and identifying information.
Advise the defendant of their right to counsel and appoint a public defender if needed.
Ask how the defendant wishes to plead — “guilty,” “not guilty,” or “no contest.”
Address bail and any conditions of release (no contact orders, surrender of firearms, etc.).
Set the next court date — typically a pre-trial or preliminary hearing.

The defendant or their attorney does the talking. Family members in the gallery do not speak unless directly asked. It can feel anticlimactic — there’s no testimony, no evidence presented, no trial. It’s procedural.

The plea at arraignment

Almost every defense attorney in California will advise their client to plead “not guilty” at arraignment, even in cases that may eventually resolve through a plea deal. Reason: pleading not guilty preserves every option — the right to see the evidence, file motions, negotiate, or take the case to trial. Pleading guilty at the first hearing forecloses all of that.

If your loved one does not have an attorney yet, the court will usually appoint a public defender for the arraignment itself, and that public defender will typically enter the not-guilty plea on their behalf.

Bail at arraignment — this is where it can change

This is the part most families don’t realize they have leverage on. The bail amount set at booking is based on the county bail schedule — a flat number tied to the charge. At arraignment, the judge has the authority to:

Keep bail as set on the schedule.
Reduce bail, sometimes significantly.
Release on the defendant’s own recognizance (OR), meaning no bail required.
Raise bail or order no bail, if the prosecutor argues the person is a flight risk or danger.

Under In re Humphrey, the California Supreme Court ruled that judges must consider a defendant’s ability to pay when setting bail. That decision has made arraignment a real opportunity to argue for a lower bail or OR release — but only if a defense attorney is there to make the argument well.

What to do before the arraignment

If your loved one is still in custody and arraignment is coming up, you have a small but meaningful window to set them up for the best possible outcome:

Decide on representation. If you can afford private counsel, hire them before the arraignment so they can argue bail. If not, the public defender will be appointed at the hearing.
Gather ties-to-community documentation. Proof of address, employment, family in the area, length of California residency. All of this supports a Humphrey-based bail reduction argument.
Consider whether to post bail before arraignment. Sometimes faster, sometimes not worth it — your bondsman can help you decide. Our bail cost calculator can give you an estimate based on the charge.
Check for holds. A 48-hour police hold or parole hold can prevent release even if bail is posted. Confirm this with the bondsman.
Plan to attend. Family presence in the gallery sometimes matters to the judge, particularly on the question of community ties.

What happens if bail is reduced at arraignment

If the judge lowers the bail amount, the bondsman can typically write a new bond at the lower amount and the old bond (if one was already posted) is dealt with through the court and the surety. You only pay the premium on the active bond amount.

If the judge releases the defendant OR, no bond is needed — but the defendant signs an agreement promising to return for all future court dates. Failure to honor that agreement is its own offense.

Common questions about arraignment in California

Can I post bail before the arraignment?

Yes — bail set per the county schedule can be posted right after booking, often before arraignment. If you want to wait and see if a judge will lower the amount, you can do that too. The trade-off is time in custody. We cover the cost side in our upfront cost guide.

Does my loved one have to be there in person?

Yes, the defendant must be present at arraignment (in person or, in some courts, by video from custody). Family members are not required.

What if the charges are very serious?

For serious felonies — including some gun-related charges, domestic violence cases, or aggravated assault — the prosecutor may argue for no bail or a much higher amount. Having an attorney prepared to respond at arraignment matters more in these cases than in any other.

What if my loved one is on probation?

A new arrest while on probation triggers a separate probation violation, often with its own bail. The arraignment may address only the new charge — the violation is handled through a separate “probation revocation” track. See our probation violation bail guide.

What if they don’t show up?

A bench warrant is issued, the bond can be forfeited, and any bail money paid is at risk. The case becomes significantly harder to resolve. Don’t miss arraignment for any reason.

Have an arraignment coming up? We can help with bail before or after the hearing. Call 800.590.7321 or message 626.862.0627.

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