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An arraignment is usually the first court hearing where the court reads the charge, explains your right, and asks for your plea. This post walks through what happens step by step in a felony case, plus what to expect in California, Georgia, and Missouri.

Why arraignment feels scary

Imagine this: you were arrested, you’re stressed, and suddenly you’re in a courtroom for the very first hearing about your criminal case. At that moment, small choices can matter—like what plea you enter, whether you miss the court date, and whether your defense has enough time to prepare.

That is why the arraignment is more than “paperwork.” It is where the legal process truly starts.

What arraignment means in felony court

In most places, a felony arraignment is the first formal appearance where:

  • the judge tells you the charges
  • the court advises you of constitutional rights
  • the court addresses bail or release conditions
  • the case gets a first plea (guilty, not guilty, or no contest)

The hearing is typically short, but it sets deadlines for what comes next.

Key stages of a felony arraignment

Here is a simple “timeline” of what usually happens:

flowchart TD
  A[Arrest and booking] --> B[Felony arraignment court]
  B --> C[Charges read]
  C --> D[Rights explained]
  D --> E[Bail or release conditions]
  E --> F[Plea entered]
  F --> G[Next step scheduled: often preliminary hearing]

Common stages list

Stage What the court does What you should focus on
Reading of the charge The judge presents what you are accused of Listen carefully and ask to clarify
Rights explanation The court explains key rights Don’t waive important protections quickly
Plea entry The court asks for a plea Your lawyer usually guides this
Bail or release Judge sets conditions if needed Release terms affect your ability to prepare
Next scheduled event Future hearing is set You must appear or risk consequences

Who typically attends

Most felony arraignments include:

Person Role
Judge Runs the courtroom and rules on bail and procedure
Defendant The accused person, generally expected to appear
Prosecutor or district attorney Represents the state’s case
Defense attorney or public defender Helps you understand charges, rights, and your plea

A lawyer is often crucial because arraignment starts important deadlines and decisions.

What rights are explained during felony arraignment

At a felony arraignment, courts commonly explain rights such as:

  • the right to a defense attorney (including a court-appointed public defender)
  • the right against self-incrimination (you don’t have to testify)
  • the right to a speedy trial and a jury trial
  • the right to call and confront witnesses

These rights matter because arraignment is where the court confirms you understand what you’re facing.

How quickly arraignment must happen in California

In California, timing depends on whether you were in custody:

Situation in California Time rule
Kept in custody after arrest Arraignment must happen within 48 hours (weekends/holidays excluded)
Released after arrest Must happen “without unnecessary delay” (in real life it can be weeks or months)

Can you have multiple arraignments for the same case

Yes. If the charge changes (for example, the prosecutor reduces a charge), the court may arraign you again. In many situations you enter a plea again unless a plea deal already covers it.

Can a lawyer appear instead of you

In most felony cases, the defendant generally must personally appear. Some exceptions can exist, such as appearing via two-way audio/video in certain situations.

If you do not show up, the court can treat it as a serious failure.

Consequences of failing to appear at felony arraignment in California

If you miss the felony arraignment, California law can treat that failure as a separate crime. Depending on how you were released:

  • if you were released on your own recognizance: Penal Code 1320
  • if you were released on bail: Penal Code 1320.5

A failure to appear on a felony charge is punishable by up to one year in jail or up to three years in prison (depending on the situation).

Also, in many systems, the court can issue a bench warrant, leading to arrest and being brought back to court.

Different pleas you can enter at arraignment

At a felony arraignment, common plea options include:

Plea Simple meaning
Guilty You admit the charge
Not guilty You deny the charge and seek trial
No contest (nolo contendere) You don’t admit guilt, but you accept the facts for moving forward

In California, you can also request deferred entry of judgment in some felony cases. That is a form of diversion: if you complete the program conditions, the charges can be dismissed.

Deferred entry of judgment in California felony cases

Deferred entry of judgment (often called DEJ) is a program available in some felony situations. You follow rules and conditions for a set time. If you successfully complete them, the case can be dismissed.

This is not automatic. Eligibility and requirements depend on the facts and the law that applies.

What happens after arraignment in a felony case

Purpose of a preliminary hearing

After arraignment, courts often schedule a preliminary hearing (sometimes called a “probable cause hearing”).

The goal is to determine whether there is enough evidence to keep the felony moving forward.

If you are “held to answer”

If the judge decides the evidence is sufficient and you are held to answer, the case continues into later pretrial steps, and you move toward trial planning.

Georgia arraignment basics

What is an arraignment in Georgia

In Georgia, arraignment is typically the first court date in the pre-trial formal process. It may also be called an “initial hearing” or “initial appearance.”

When is the first court date

In many Georgia situations, formal arraignment is scheduled within 30 to 60 days after arrest, though it can also be later (sometimes months).

Another name for arraignment in Georgia

It may be referred to as the initial hearing or initial appearance.

Do you need a lawyer

You are not always legally required to have a lawyer standing next to you, but it is strongly in your best interest.

A key issue is that arraignment can trigger strict deadlines for motions. For example, certain pretrial motions may need to be filed soon after arraignment.

Waiving formal arraignment in Georgia

What does it mean to waive formal arraignment

If “arraignment waived” is announced, it means you do not have to go to court on that day.

How a lawyer can help waive it

A defense attorney may appear for you, so you do not have to attend in person right away. The attorney can also help ensure proper filings and timing.

What happens if your lawyer waives arraignment

After the waiver, the case still continues, and your lawyer will inform you about what happened and the next scheduled court date.

Historical origin of arraignment

Arraignment has roots in common law traditions from England. A historical reason was that many accused people could not read, so the judge had to read the charges aloud at the beginning of court proceedings.

Can you go to jail at arraignment

In most typical situations, going to jail at arraignment is unlikely, unless you act in a disruptive way or behave extremely in court (for example, very intoxicated).

Most arraignments are about explaining charges and starting the process.

When does formal arraignment typically occur after an arrest

A common pattern is soon after arrest, and often within a 30 to 60 day range depending on the jurisdiction and whether the person is in custody.

In California, there is a special 48-hour rule when someone is kept in custody after arrest.

Role of a public defender

If you cannot afford a lawyer, courts typically address this at arraignment. If you qualify, a public defender may be appointed. This matters because the lawyer helps you make the right choices about your plea and preserves rights while the case develops.

Discovery and why it shows up in arraignment discussions

What is “discovery”

Discovery is the evidence the prosecution turns over to the defense. It can include police reports, body camera footage, and other materials.

Without discovery, it can be harder to decide what to do with your case. That is why lawyers often push for time so they can review what the state has.

Demurrer filing timeframe in Georgia

In Georgia, if an indictment is sought and obtained, a defense attorney may have 30 days to file a special demurrer or general demurrer to the indictment.

Purpose of arraignment court

Arraignment court is meant to:

  • confirm the defendant understands the charge
  • start the formal legal process
  • set or address release conditions
  • take an initial plea
  • begin the timeline for motions and next hearings

Missouri arraignment process

What happens during arraignment in Missouri

In Missouri, arraignment is the first appearance in court after arrest and charges are filed. The judge informs you of the charges and takes an initial plea.

Main steps in Missouri arraignment

Step What you’ll experience
Reading of charges Charges are read or shown in written form
Entering a plea Guilty, not guilty, or no contest
Bail or release conditions Judge sets conditions depending on factors
Appointment of counsel If you can’t afford an attorney, the court may appoint one
Scheduling next hearings Dates for pretrial steps and trial planning

The three types of pleas in Missouri

Missouri uses the same three common plea choices:

  • guilty
  • not guilty
  • no contest (nolo contendere)

What determines bail or release conditions

Bail can depend on:
- seriousness of the crime
- criminal history
- whether you are a flight risk

You may also be released on your own recognizance in some situations.

If you cannot afford an attorney in Missouri

If you do not have an attorney and cannot afford one, the court may appoint a public defender (appointment of counsel).

Why having a lawyer present matters

A lawyer helps you:
- understand the charge
- choose the right plea
- negotiate bail or release conditions
- start building your defense early
- avoid deadlines getting missed

Even when arraignment seems short, it can steer the case for months.

Can you change your plea after arraignment in Missouri

Often, you can change your plea later. The ability can depend on the stage of the case and the agreement reached (for example, if evidence changes or negotiations happen).

Consequences of failing to attend arraignment in Missouri

If you do not attend, it can lead to:
- additional charges, and/or
- a warrant for your arrest

Extra note for misdemeanor traffic ticket arraignments in some Georgia courts

In Georgia Municipal Court or Probate Court (traffic-related misdemeanor matters), the accused (or lawyer) may need to attend multiple arraignment dates because the defense often needs discovery before meaningful decisions can be made.

Administrative license suspension in Georgia for DUI

For DUI cases, Georgia can also involve an administrative action separate from the criminal case.

  • It typically starts about 30 days after the arrest.
  • Before that 30-day mark, you must request a hearing to fight the automatic suspension.

This process is time-sensitive, and lawyers handle it so you do not miss deadlines.

Quick cheat sheet for readers

Arraignment = first court appearance
At felony arraignment you typically get
1) charges explained
2) rights explained
3) bail/release addressed
4) you enter a plea
After that, preliminary hearing may follow
If this happens What it usually means
You enter not guilty Case proceeds so defense can prepare
You plead guilty Often leads toward sentencing sooner
You miss arraignment Warrants or separate penalties can follow
You are held to answer Case moves forward after probable cause
Lawyer waives formal arraignment in GA You may not have to appear that day

Summary

An arraignment is where the court begins your felony criminal case. It is where the court reads the charge, explains your right, takes your plea, and sets the next steps. Timing and procedures differ by state, but the core idea stays the same: arraignment is the starting line—what happens there can shape everything that follows.