Arraignment of a Felony Offense

An Arraignment is the very first court appearance in Superior Court you will have, and it is the process by which a person is brought before the judge to hear and answer for the criminal charges that have been filed against him or her. Unlike misdemeanor offenses, your personal presence is required. The steps in the arraignment process in a Robbery, Murder, Manslaughter, Rape, Grand Theft, Embezzlement, Homicide or any other felony case that occurs at arraignment are the following:

  1. The defendant who is charged with a felony burglary, robbery, rape, homicide, grand theft, manslaughter or murder is advised of his/her constitutional rights;
  2. If the San Diego Public Defender is appointed, he or she announces his or her appearance on the record;
  3. The robbery charges are read to the defendant who is accused of a felony, and a copy of the robbery complaint is provided to counsel. We hope you have selected us as your robbery defense lawyers. We want to be part of the team that is on your side;
  4. At this time, the defendant being charged with a felony enters a plea to the charges, most commonly “not guilty” until the evidence is analyzed and robbery defense counsel advises the defendant of the options available to him or her;
  5. Bail is determined, which may be different than the presumptive bail amount that was previously set at the time of booking on the robbery arrest, or the defendant may be released on his or her own recognizance. If bail is not satisfactory, Spital & Associates as legal counsel can request a bail review hearing within three days of the arraignment;
  6. The Superior Court Judge then sets a date for the defendant’s next felony court appearance. As discussed more in depth below, that next date may be a preliminary hearing if at least one of the charges is a felony, or a pretrial hearing if the theft charges are misdemeanors only.

 

Main Offices
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108-1642
Telephone: 619-583-0350
Fax: 619-583-1850

Banker’s Hill Associate Office
1901 First Avenue, Suite 138
San Diego, CA 92101

Downtown Associate Office
Of Counsel – Bill O’Connell, Esq. 
110 West C Street, Suite 1300
San Diego, CA 92101-3978

Associates available 24/7.
Call (619) 583-0350 or send us an e-mail.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.