2020 Update for Los Angeles County: Except in serious or violent felony cases, most arrestees will be released without having to pay bail. In felony cases, the arraignment is sometimes delayed until after the grand jury returns an indictment. 2. allow you to appear via a two-way audio/video conference (sometimes called video court), or. If youre represented by the a court-appointed attorney, its highly unlikely he/she will have time to meet with you to review the discovery together nor will they make a copy for you to take home an analyze. (b) The deposition of a witness taken in the action may be read to the extent that it is otherwise admissible under the law of this state.), California Penal Code 19.6 Infractions; punishment; jury trial; right to public defender. The email address cannot be subscribed. 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. Assuming you dont have a warrant or probation hold, that the facts of your case dont change, dont have a long criminal record, or dont have prior failures to appear for past cases, theres a good chance the judge may release you. In these situations, a defense attorney may ask the judge to dismiss any charges filed against you. *The judge sets the date for a preliminary hearing or trial. Shouse Law Group represents victims throughout the U.S. who suffered serious complications and injuries from dangerous drugs and failed medical devices. You are not a client until your case has been accepted by Esfandi Law Group and an agreement has been signed. If the judge decides that there is enough evidence, the prosecutor will file a document called the Information. Then, the defendant will be arraigned, a second time, on the Information. In other words, the prosecutor has not filed the complaint and you have not been officially charged. An arraignment is essentially the first step in the court process after someone is arrested and charged with a crime. the judge may even set a tentative trial date. An experienced criminal defense counsel can help ensure that an individual accused of a crime suffers no loss of freedom if such proof is insufficient. Weekends and holidays are not included when calculating this timeframe.3, If you were released from custody after a felony arrest, then California law says that an arraignment must occur without unnecessary delay. In reality, however, if you are out of custody, it may be weeks or even months before an arraignment takes place.4. Most jurisdictions say that an arraignment must take place within a reasonable time after you are arrested.2. This may be the case, for example, in order to avoid further prosecution for more serious, uncharged offenses. Redsteer holds a Bachelor of Arts in history from the University of Washington, a Master of Arts in Native American studies from Montana State University and a Juris Doctor from Seattle University School of Law. What Happens at an Arraignment? What to Expect If you do not obtain an O.R. At a preliminary or probable cause hearing, the judge determines if there is enough evidence for the charges filed against the defendant. If the court is convinced that remand is necessary, a defendant may request a bail hearing for a future date. Because defendants have a right to a speedy trial, the prosecutor must generally file charges within 48 hours of the arrest when the defendant is in custody (in jail). 2. Got pulled over firs . (CA Revenue & Taxation Code 19705 & 19706), How to Avoid Getting Your Drivers License Suspended for a DUI. When the police arrest someone (the defendant), they take him or her to jail.Then, 1 of 3 things happens: 1. Weekends, court holidays, and mandatory court closure days do not count against the 48 hours. A defendant who is in custody and is arraigned on a complaint alleging an offense which is a misdemeanor, and a defendant who appears before a court or magistrate upon an out-of-county warrant arising out of a case involving only misdemeanors, shall be entitled to an own recognizance release unless the court makes a finding on the record, in accordance with Section 1275, that an own recognizance release will compromise public safety or will not reasonably assure the appearance of the defendant as required. Overall pleased. Also, if the court finds out youre on parole or probation, or that you have outstanding warrants for unrelated cases, you may be taken into custody and have a hold, thereby preventing you from posting bail.