Arraignment in California

Arraignment is the first court appearance after an arrest. It is where charges are formally read, a plea is entered, and — the part families care about — bail is set, kept, raised, lowered or replaced with release on own recognizance. Until arraignment, the number on the jail’s paperwork comes from a schedule. At arraignment, it comes from a judge.

The 48-hour rule, precisely

Penal Code § 825 requires that a defendant be taken before a magistrate without unnecessary delay and, in any event, within 48 hours of arrest, excluding Sundays and holidays.

That exclusion is the reason a Friday-night arrest can feel so much longer than a Tuesday-night one. Two full days plus an excluded Sunday changes the arithmetic, and it is a statute rather than anyone dragging their feet.

What happens in the courtroom

1. Identity and charges. The complaint is read or waived, and the defendant is told what has been filed.
2. Counsel. If the person has no lawyer, the court appoints one.
3. Plea. Almost always not guilty at this stage.
4. Bail or release. The judge may keep the scheduled amount, raise it, lower it, or release on own recognizance with conditions.
5. Next dates. Pre-trial and, for felonies, a preliminary hearing date.

Why bail can move at arraignment, and how

The schedule binds the jail, not the judge. Penal Code § 1275 sets the factors the court must weigh — public safety as the primary consideration, the seriousness of the offence charged, the defendant’s previous criminal record, and the probability of appearing at trial or hearing. Since In re Humphrey (2021) 11 Cal.5th 135 the court must also consider ability to pay before setting an amount a person cannot meet.

In the other direction, § 1269c allows a magistrate to increase bail above the schedule without a hearing on a sworn peace officer’s declaration of facts justifying the increase.

And for the most serious cases the floor is protected: § 1275(c) requires a finding of unusual circumstances, stated on the record, before bail goes below the county schedule for a serious felony under § 1192.7(c) or a violent felony under § 667.5(c).

Should you post bail before arraignment, or wait?

This is the real question, and the honest answer is: it depends on the charge.

• Wait, if release at arraignment is likely. For a low-level first offence with ties to the community, a judge may release on own recognizance and no bond is needed at all. See own recognizance release.
• Do not wait, if the charge carries § 1270.1. For domestic violence, serious and violent felonies, a judge cannot release on anything other than the scheduled amount without a hearing in open court. Posting the scheduled amount is available immediately; asking for less is not.
• Do not wait, if the custody itself is the harm. A job, a tenancy or childcare can be lost in the 48 hours before a hearing, and no bail refund brings those back.

We will tell you honestly which of those you are in. If waiting is better, we will say so.

In Los Angeles County, arraignment may be the only bail question

Since 1 October 2023 most non-violent, non-serious arrests in Los Angeles County are handled before arraignment under the county’s pre-arraignment release protocols, at $0 bail. For those cases the person is out before arraignment and the hearing is about the case, not the money.

Missing an arraignment

A bench warrant issues, and if a bond was posted it goes into forfeiture. That starts the clock under Penal Code § 1305, which gives a defined period to bring the person back before the bond is lost. See also failure to appear.

If you do not know the date or the courthouse

How to find someone’s court date covers both counties’ case-access services and what to do when the release paperwork has been lost.

Friday arrests, and when bail can be refused outright

Penal Code 825 excludes Sundays and holidays from the 48-hour count, which is why a Friday arrest reaches court later than a Tuesday one — see arrested on a Friday night or weekend. If you have been told there is no bail at all, can bail be denied in California? sets out the three things that phrase can mean.

Questions we get asked most

How long after arrest is arraignment in California?

Penal Code § 825 requires it within 48 hours of arrest, excluding Sundays and holidays, and without unnecessary delay.

Can bail be lowered at arraignment?

Yes. The judge may keep, raise or lower the scheduled amount, or grant release on own recognizance, weighing the factors in Penal Code § 1275 and the defendant’s ability to pay.

Should we post bail before the arraignment?

It depends on the charge and what custody is costing. For domestic violence and serious or violent felonies the scheduled amount is the only immediate route, because a lower figure needs a hearing.

Does posting bail cancel the arraignment?

No. Release and the court date are separate. Missing the hearing produces a bench warrant and forfeits the bond.

Related resources

How bail works in California · Bail reduction hearings · OR release · Failure to appear · PC 1305 forfeiture · Courthouses · All bail services