What Happens at Arraignment in Los Angeles

By Jane Un, licensed bail agent #1843448. Updated October 29, 2026.

Arraignment is the first court hearing in a criminal case. It is short, often just minutes, but a lot can be decided in that time, including whether your loved one goes home, what bail is and what the next dates are. Families who know what to expect feel steadier and make better choices.

This guide explains arraignment in plain words. It covers the timing rules, who is in the room, what the judge says and decides, how bail comes up, what to bring and what to do afterward. It is general information for Los Angeles, and local practice can differ by courthouse.

What an arraignment is

The California Courts Self Help Center describes arraignment as usually the first court date in a criminal case. At arraignment the judge tells the person the charges and the person's constitutional rights, including the right to a lawyer. The person is asked to enter a plea. The judge also decides, for someone in custody, whether to release them, set bail or hold them without bail.

It is not a trial. No one decides guilt at arraignment. Witnesses do not give evidence. The prosecutor files or confirms the charges, the defense lawyer, if there is one, speaks for the person and the judge moves the case forward.

In Los Angeles, most arraignments for people in custody happen at courthouses connected to the booking jails, and some happen downtown, such as at the Clara Shortridge Foltz Criminal Justice Center at 210 W. Temple St. Which courthouse depends on where the person was booked and what the charge is. Ask the jail or the court clerk.

The timing rule, 48 hours

Penal Code section 825 says a defendant must be taken before a magistrate without unnecessary delay and, in any event, within 48 hours after arrest, excluding Sundays and holidays. If the 48 hours end when the court is not in session, the time extends to include the next court session on the following judicial day. If an arrest occurs on a Wednesday after the court's session ends, and Wednesday is not a court holiday, the person must be taken before the magistrate no later than the following Friday, if it is not a court holiday.

That means someone arrested late on a Friday may not see a judge until Monday. Families are often shocked. It is the law, and it is why it is useful to know your options for release before arraignment, which we cover below.

Section 825 also says any attorney entitled to practice in California courts may, at the request of the prisoner or a relative, visit the prisoner after arrest. If a lawyer is trying to see your relative and is refused, tell the lawyer's office.

Who is in the room

• The judge or magistrate.
• A court clerk and a bailiff.
• The prosecutor, from the district attorney's office.
• The defense lawyer, which may be a public defender or private counsel.
• The defendant, in person or by video from custody.
• Family and friends, in the public seating, if the courtroom allows it.
• An interpreter, if needed. The California Courts Self Help Center says an interpreter is provided at no cost, and if none is available the arraignment is reset.

Jane Un is often in court at arraignment to offer support to families and clients. We do not speak for the person or the court. We are there so the family has someone to turn to afterward, and so paperwork can move without delay.

What the judge decides

At arraignment, the judge usually does these things.

1. Reads or confirms the charges and tells the person their rights.
2. Asks if the person has a lawyer, and appoints one at no cost if the person cannot afford one. This is often a public defender.
3. Takes a plea. The options are guilty, not guilty and nolo contendere, which means the person does not argue the charge. The Self Help Center advises talking to a lawyer before pleading guilty or nolo contendere, especially in felony cases. Most people plead not guilty at the first hearing to preserve their options.
4. Decides release or bail. The judge may release on own recognizance, release with supervision such as home detention or an ankle monitor, set bail or set no bail.
5. Issues a protective order, if the case calls for one. The person receives it at the arraignment.
6. Sets the next dates.

If bail comes up, the judge weighs the factors in Penal Code section 1275. Public safety is the primary consideration, along with the seriousness of the offense, the person's record and the likelihood of appearing. After the 2021 decision in In re Humphrey, judges must also think about ability to pay and less restrictive alternatives. See bail reduction hearings and bail conditions in California.

Bail and release at arraignment

Misdemeanors. Penal Code section 1270 says a defendant in custody who is arraigned on a misdemeanor complaint is entitled to own recognizance release unless the court finds on the record that release would compromise public safety or not reasonably assure appearance. So many misdemeanor defendants go home at arraignment without paying.

Felonies. Serious and violent felonies and certain listed offenses require a hearing in open court under Penal Code section 1270.1 before release on a changed amount or own recognizance, and the prosecutor gets notice. See the 1270.1 hearing for serious felonies. In other felonies the judge has more freedom. A judge may keep the schedule amount, lower it, raise it or release the person.

Before arraignment. Los Angeles Superior Court has pre arraignment release protocols that, as reported when they took effect in October 2023, generally release people arrested for misdemeanors and non serious, non violent felonies without money bail before arraignment, with exceptions. Check the court's current version. Read Los Angeles pre arraignment release.

If bail is set and you want to post it, a bond may help. {{PREMIUM}}

If the person in custody is pregnant, ask about our free bail program for qualifying pregnant women. Premium is waived for qualifying applicants who are 8 months or more along, with bail of $50,000 or less, a non-violent charge and a working co-signer with proof of income. It is subject to approval. If you do not qualify, ask anyway, because we are often able to help.

How to prepare as a family

Think of arraignment as a chance to give the lawyer and the judge good facts. Bring or prepare the following.

• The person's full name, date of birth and booking number.
• The case number and the courthouse, if known.
• Proof of address, such as a lease or utility bill.
• Proof of work, such as a pay stub or an employer letter.
• Names and contact details for a relative who will help with rides and reminders.
• A short note about health needs, such as medicine, pregnancy or a disability.
• Any paper from the jail about a hold or detainer.

Dress neatly. Dress code matters less than respect, but clean and simple is a good rule. Arrive early, because security lines can be long and courtrooms start on time. Turn phones off. Do not talk to the prosecutor about the case. Do not call out in court. Let the lawyer speak. If the judge asks you a question, answer briefly and truthfully.

Families also ask about what to wear and whom to bring. Keep it simple and calm. One or two steady relatives are better than a crowd, and the person in custody often finds it comforting just to see a familiar face in the seats, even if no words can be exchanged. Children in the courtroom can be hard on everyone, so arrange childcare if you can.

After arraignment

Once the judge decides on release, what happens next depends on the decision.

• If the person was released, they leave through the jail's release process, which takes time, and we do not promise a time. Plan the ride and the paperwork.
• If bail was set and the family wants a bond, call us with the amount and the case number. A bail bond may be posted at the jail. Our online application takes about four minutes.
• If no bail was set, the lawyer can ask the judge to revisit it at the next date or with new facts.
• If the person was released, write down every date and take a photo of the paperwork.

The California Courts Self Help Center says that for a misdemeanor, trial must begin within 45 days of arraignment or plea if the person is out of custody, or 30 days if in custody, unless time is waived. For a felony, a preliminary hearing must be held within 10 court days of arraignment or plea, or within 60 days if delayed for good cause or if time is waived. Talk to a lawyer before waiving time.

If the person misses arraignment

Penal Code section 1305 lists arraignment among the occasions when a failure to appear without sufficient excuse leads to forfeiture of bail. A bench warrant may follow. If someone misses an arraignment after release, call a lawyer and call us the same day. Read bail forfeiture under PC 1305, bond reinstatement and missed court date.

Where we fit in

We tell families what we can see, what we cannot and who to call at the jail. We do not play games. Jane Un started Bail Today, Pay Later in 2004, and she knows the first hearing is where many families feel lost. {{CALL}} Our jail pages show where people are held, and our guide to finding someone in jail in Los Angeles shows how to look up a booking. For what to do in the first hours, see what to do after an arrest in Los Angeles.

Please remember this is general information and not legal advice. Your lawyer or the public defender can tell you what applies to your case, and our resources page points to free legal help.