Misdemeanor Arraignment in Los Angeles County — What Happens

What arraignment is

An arraignment is the first formal court appearance after the prosecution files criminal charges. In Los Angeles County misdemeanor cases, arraignment happens at the courthouse covering the area where the offense allegedly occurred — typically the Clara Shortridge Foltz Criminal Justice Center, Airport Courthouse, Van Nuys Courthouse East, Beverly Hills Courthouse, Long Beach Courthouse, Pasadena Courthouse, or Inglewood Courthouse.

What happens, step by step

1. The case is called. The clerk announces “People v. [defendant name], case number [number].” The defendant and counsel approach the lectern.
2. The court advises the defendant of the charges. Each charge is identified by Penal Code, Vehicle Code, or Health and Safety Code section. The court typically asks if the defendant has been served with a copy of the complaint or if they waive formal reading.
3. The court advises of constitutional rights. The right to counsel, the right to a jury trial, the right to remain silent, the right to confront witnesses, the right to subpoena witnesses, the privilege against self-incrimination. In LA County these are often advised by group advisement at the start of the calendar.
4. The court advises of the maximum penalties. For each charge, the maximum custody, fine, and other consequences.
5. The defendant enters a plea. Almost always “not guilty” at arraignment. Pleading guilty or no contest at arraignment is generally a mistake — it forecloses defense investigation, motions, and plea negotiation.
6. Bail and release conditions are addressed. If the defendant is out of custody on cite-release or bail, conditions typically continue. If in custody, the court considers release on own recognizance or sets bail.
7. Protective orders may be issued. In domestic violence, criminal threats, stalking, and some other cases, the court will typically issue a criminal protective order (CPO) at arraignment requiring no contact with the alleged victim.
8. The next court date is set. Typically a pretrial conference 30 to 60 days out.

Personal appearance with PC 977(a) waiver

For most misdemeanors, California Penal Code section 977(a) permits an attorney to appear on the defendant’s behalf at arraignment if the defendant has executed a written waiver and the court accepts the appearance. Exceptions exist for domestic violence cases and certain other categories where personal appearance is required by statute.

For working defendants, parents, out-of-state defendants, and others for whom physical appearance is inconvenient, an attorney appearance under PC 977(a) avoids the need to attend in person.

What to bring (if appearing personally)

• Government-issued ID.
• The citation, charging document, or release paperwork from the arrest.
• Any bail receipt.
• Comfortable but court-appropriate clothing. Business casual is appropriate.

What NOT to do at arraignment

• Do not plead guilty without counsel. Pleading guilty at arraignment without first investigating the case, reviewing discovery, considering diversion, and exploring plea options is almost always a mistake.
• Do not discuss the facts of the case with the prosecutor, court personnel, or anyone other than your attorney.
• Do not violate any protective order issued at arraignment. Violation is a separate crime (PC 273.6 or PC 166).
• Do not miss the next court date. If you miss it, a bench warrant will issue.

What happens after arraignment

• Discovery is provided. The prosecution provides the police report, body-worn camera footage, dispatch audio, and any other evidence required under Penal Code § 1054 and Brady v. Maryland.
• The defense reviews discovery and develops a defense theory.
• Pretrial motions are filed — typically 1538.5 suppression motions, Pitchess motions, and discovery motions.
• Plea negotiations begin or continue. Diversion under PC 1001.95 or 1001.36 is often requested at this stage.
• The pretrial conference is the next major court date, where plea offers are presented and the case is set for trial if not resolved.

Related procedure pages

• PC 977(a) — counsel-only court appearances
• Motion to suppress evidence (PC 1538.5)
• Pretrial misdemeanor diversion (PC 1001.95)