Arraignment in California: What Happens for Misdemeanor and Felony Cases?

An arraignment is the first formal court appearance in a California criminal case. Whether the charge is a misdemeanor or a felony, the arraignment is where the defendant is informed of the charges, advised of their rights, and asked to enter a plea.

The process can differ depending on whether the person was arrested and booked, released on bond, or issued a citation to appear in court.

What Is an Arraignment in a Criminal Case?

An arraignment is the court hearing where:

Criminal charges are formally presented
The defendant is advised of constitutional rights
A plea is entered (guilty, not guilty, or no contest)
Bail or release conditions may be reviewed
Future court dates are scheduled

Arraignment marks the official start of the court process.

Arraignment for Misdemeanor Cases

In misdemeanor cases, arraignment is often straightforward, especially when the defendant is out of custody.

At a misdemeanor arraignment, the court typically:

Reviews the misdemeanor charge(s)
Advises the defendant of their rights
Accepts a plea (most commonly “not guilty”)
Confirms or modifies release conditions
Sets the next court date

Many misdemeanor defendants appear at arraignment without having been booked into jail, particularly when the case begins by citation.

Arraignment for Felony Cases

Felony arraignments tend to involve more procedural steps and higher stakes.

At a felony arraignment, the court may:

Formally read felony charges
Address custody status or bail
Appoint counsel if needed
Issue protective or stay-away orders
Set a preliminary hearing date

Felony arraignment does not determine guilt. It begins the formal felony court process.

What If You Are Out on Bond at Arraignment?

If a defendant was arrested and later released on bond, the arraignment allows the judge to:

Review the bond amount
Confirm compliance with bond conditions
Modify or revoke bond if violations occurred

As long as bond conditions are followed, the defendant usually remains out of custody while the case proceeds.

What Is a Citation Hearing or Citation Arraignment?

A citation is a written notice issued by law enforcement requiring a person to appear in court instead of being taken into custody.

In citation cases:

The arraignment is often the first and only initial court appearance
No bail is typically required
The defendant appears on the date listed on the citation

Citation arraignments are common in misdemeanor cases and some low-level felony filings.

Do You Have to Go to Jail at Arraignment?

In many cases, no. Whether a defendant goes to jail at arraignment depends on:

The seriousness of the charge
Prior criminal history
Compliance with release conditions
Whether the person appears voluntarily

Most out-of-custody defendants remain out of custody after arraignment.

What Plea Is Usually Entered at Arraignment?

Most defendants enter a not guilty plea at arraignment. This allows:

Time to review evidence
Investigation of the charges
Negotiations with the prosecution

Entering a not guilty plea does not prevent later resolution.

Frequently Asked Questions

Is arraignment different for misdemeanors and felonies?

Yes. Misdemeanor arraignments are often simpler, while felony arraignments involve additional procedures such as setting preliminary hearings and addressing bail.

What happens if I was cited instead of arrested?

If you were issued a citation, your arraignment usually occurs on the court date listed on the citation, and you typically appear out of custody.

Can bail be changed at arraignment?

Yes. Judges can review, modify, or revoke bail at arraignment depending on the circumstances.

Do I need a lawyer at arraignment?

While not legally required, legal representation can be critical because important rights, conditions, and deadlines are addressed at this stage.

Final Thoughts – Kirk Tarman

Arraignment is often the first opportunity to protect your rights in a criminal case. Whether the charge is a misdemeanor or felony, and whether you are out on bond or cited to appear, what happens at arraignment can shape the rest of the case.

Understanding the process early can help avoid unnecessary custody issues and set the stage for an effective defense.

This content reflects current California criminal procedures as of 2026.

Written by: Kirk Tarman, Criminal Defense Attorney
Reviewed by: The Law Offices of Kirk Tarman & Associates
Serving: San Bernardino, Riverside, Los Angeles, and Orange County