An arraignment on information in California is the superior court hearing where you’re formally presented with felony charges and asked to enter a plea. It takes place after a preliminary hearing judge has already found enough evidence to hold you for trial, and after the district attorney has filed a charging document called an “information” listing the specific offenses. The hearing is usually short, but several important things happen in a tight sequence: the court confirms the charges, confirms you have a lawyer, and addresses bail or release.
Where This Hearing Fits in a Felony Case
The information replaces the complaint that was used in the lower court. Once the preliminary hearing judge decides there’s enough evidence to proceed, the district attorney has 15 days to file the information with the superior court.1California Legislative Information. California Penal Code 739 If the DA misses that window without good cause, the court can dismiss the case.2California Legislative Information. California Penal Code 1382
The charges in the information have to connect to what came out at the preliminary hearing. The DA has some room to modify or add charges if the evidence supports them, but cannot stray so far from the original allegations that you’re blindsided by something you had no chance to contest.3FindLaw. People v. Peyton (2009)
When the Arraignment Takes Place
Under California court rules, the arraignment should happen the same day the information is filed, or as soon afterward as the court directs.4Judicial Branch of California. Rule 4.110 – Time Limits for Criminal Proceedings on Information or Indictment In practice, it’s typically set within a few days of filing. Because this is a felony, you must appear in person unless the court approves a written waiver signed by you and your attorney, or you and the court agree to a video appearance.5California Legislative Information. California Penal Code 977
One deadline matters more than most people realize: once you’re arraigned on the information, the prosecution generally has 60 days to bring you to trial. If the state misses that deadline without good cause, you can move to dismiss.2California Legislative Information. California Penal Code 1382 You can waive the 60-day clock, and defense attorneys sometimes do so to allow more time to prepare, but the choice is yours.
What Happens in the Courtroom
The hearing is built around three tasks: making sure you know the charges, confirming you have counsel, and setting the terms of your release.
Reading of the Charges
The court reads the information aloud, hands you a copy, and asks how you plead.6California Legislative Information. California Penal Code 988 You can waive the formal reading if you and your attorney have already gone through the charges, which is common. If the charges are vague or improperly stated, your attorney can object on the spot or raise the issue through a later motion.
Your Right to an Attorney
Both the Sixth Amendment and the California Constitution guarantee counsel at every critical stage of a felony case. If you can’t afford a lawyer, the court will appoint a public defender or panel attorney. If your relationship with your appointed attorney has broken down to the point that your defense is compromised, you can ask the judge for new counsel through a Marsden motion. The judge holds a closed hearing where you explain why the current attorney can’t effectively represent you, and the burden is on you to show the relationship is so damaged that your right to counsel is substantially impaired.7Stanford Law School – Robert Crown Law Library. People v. Marsden
Bail and Release
The judge will set bail or release you on your own recognizance, meaning no money is required, just your promise to return. When setting bail, the court weighs the seriousness of the charges, your criminal history, the likelihood you’ll come back for future hearings, and whether releasing you poses a danger.8California Legislative Information. California Penal Code 1275
In a narrow set of cases, the California Constitution allows the court to deny bail altogether: capital offenses, violent or sexual assault felonies where clear and convincing evidence shows release would result in great bodily harm, and felony cases where the defendant has made credible threats of serious violence.9Justia Law. California Constitution Article I Section 12 Outside those categories, you’re entitled to bail, though the amount can be steep.
If you believe the amount is unreasonable, either side can ask the court to adjust it. The court has authority to increase or reduce bail at any time for good cause, and if you’re the one asking for a reduction, notice must be served on the district attorney.10California Legislative Information. California Penal Code 1289 Common arguments are changed circumstances, community ties, employment, and financial impossibility of the current amount.
Entering a Plea
The court will ask you to plead guilty, not guilty, or no contest. Most defense attorneys enter a not guilty plea at the arraignment regardless of the eventual strategy, because it preserves every option while negotiations and investigation continue.
Not Guilty
A not guilty plea doesn’t mean you’re claiming innocence. It means you’re requiring the prosecution to prove its case beyond a reasonable doubt.11Justia. CALCRIM 220 – Reasonable Doubt Once you plead not guilty, the court sets dates for pretrial motions and trial preparation. Your attorney can file motions to suppress illegally obtained evidence,12California Legislative Information. California Penal Code 1538.5 request the prosecution’s evidence and witness lists,13California Legislative Information. California Penal Code 1054.1 and negotiate with the DA. You can change your plea later if a favorable deal emerges.
Guilty
Pleading guilty means admitting to the charges and giving up your right to a trial. The plea must be voluntary and made with a clear understanding of the consequences. The judge will question you directly to confirm you know what rights you’re waiving, including the right to confront witnesses, present a defense, and remain silent.14California Legislative Information. California Penal Code 1018 Once accepted, the case moves to sentencing.
If you’re facing a strike offense, pay close attention before pleading guilty. A third-strike conviction under California’s Three Strikes law can carry a sentence of 25 years to life.15California Legislative Information. California Penal Code 667 Withdrawing a guilty plea later is difficult. You must show good cause, such as coercion, a fundamental misunderstanding of the consequences, or ineffective assistance, and the judge has to agree.14California Legislative Information. California Penal Code 1018
No Contest
A no contest plea (nolo contendere) works almost identically to a guilty plea in criminal court. The sentencing is the same, and the criminal record is the same. The key difference is that a no contest plea generally cannot be used as an admission of guilt in a related civil lawsuit.16California Legislative Information. California Penal Code 1016 That makes it common when criminal charges overlap with potential civil liability, like a DUI crash with an injured victim. The judge must approve the plea and confirm you understand it carries the same criminal penalties as a guilty plea.
Challenging the Information With a 995 Motion
You don’t have to simply accept the charges. One of the most powerful tools at this stage is a motion to set aside the information under Penal Code 995. It asks the judge to throw out the charges on one of two grounds: either you were never lawfully committed by the magistrate at the preliminary hearing, or you were committed without reasonable or probable cause.17California Legislative Information. California Penal Code 995
In practical terms, a 995 motion argues that the evidence at the preliminary hearing wasn’t strong enough to hold you for trial, or that the magistrate made legal errors. The standard isn’t whether the evidence would convict you; it’s the lower bar of probable cause. Even so, these motions succeed more often than most people expect, particularly when key testimony was weak or evidence should have been excluded. The motion is filed in the superior court where you’re arraigned, and the hearing typically must be set at least 15 calendar days after filing.18California Legislative Information. California Penal Code 995 If granted, the charges are dismissed, though the prosecution can sometimes refile.
Immigration Consequences for Non-Citizens
If you’re not a U.S. citizen, any plea other than not guilty carries potential immigration consequences that can be more serious than the criminal sentence itself. A conviction from a guilty or no contest plea can trigger deportation, make you inadmissible, or block you from becoming a citizen. California law requires the court to advise you of these consequences before accepting a guilty or no contest plea. If the court skips this warning, it may be grounds to later vacate the conviction. Defense attorneys who specialize in immigration-related criminal defense are worth seeking out, because general practitioners sometimes miss the traps in the overlap between criminal and immigration law.
What Happens If You Don’t Show Up
Missing your arraignment stacks consequences on top of the original charges. If you were released on your own recognizance and willfully fail to appear, you face a new, separate criminal charge. When the underlying case is a felony, that failure to appear is itself a felony with its own prison exposure.19California Legislative Information. California Penal Code 1320 The prosecution has to prove the absence was intentional, but “I forgot” is not an argument courts tend to credit.
The court will also issue a bench warrant authorizing law enforcement to arrest you wherever they find you.20California Legislative Information. California Penal Code 978.5 If you posted bail, the court can declare the bond forfeited, meaning the money is lost and the bonding company will come looking for reimbursement. You or your attorney can file a motion asking the court to recall the warrant and let you reappear, but judges aren’t required to grant it, especially if there’s a pattern of nonappearance.
Preparing for the Hearing
Arrive early. Courthouses have security screening, and showing up late to a hearing where the judge already has authority to issue a bench warrant is a risk worth avoiding. Dress business casual, as you would for a job interview. Courts in California treat the courtroom as a professional environment and will turn people away for inappropriate attire, including shorts, tank tops, hats (unless worn for religious purposes), or sunglasses (unless medically required). No gum, food, drinks, or tobacco products inside the courtroom.21Superior Court of California, County of Kern. Preparing for a Court Appearance
If you have an attorney, meet with them before the hearing to discuss whether you’ll enter a plea, request a continuance, or file a motion. If you haven’t been able to secure a lawyer by the arraignment date, tell the judge immediately so the court can appoint one. Trying to handle a felony arraignment on your own is one of the worst decisions available in the criminal justice system, and the court will almost certainly advise against it.