17 Aug 26
An arrest for a felony can be quite stressful, especially if you are unsure of what to expect and how long it will take for everything to be over. Whether you are guilty or not, the waiting period between your arrest and initial arraignment can cause great anxiety. However, it could take 48 hours or more to get your first court date, depending on how busy the court is and whether the prosecution has gathered enough evidence to start a court process. Working closely with a skilled attorney helps ensure that your rights are not violated. Your attorney will also ensure that you are well prepared for that initial arraignment.
The Initial Arraignment after a Felony Arrest
Generally, an arrest in California is usually followed by the booking process and then the initial arraignment. The booking process entails entering a defendant’s identifying information in the police database. This is done by the arresting officer, who then forwards the information to the prosecutor to file a case in court. The officer also reviews the defendant’s criminal history and any other information that could help the prosecutor determine the appropriate charges to file.
The law requires the initial arraignment to happen within 48 hours of an arrest, whether for a misdemeanor or felony. This way, a defendant is not kept in police custody for prolonged periods before they are found guilty. Note that a defendant is deemed innocent until a court process determines them guilty of their charges. That is why it is a great violation of your constitutional rights if the police keep you for days, weeks, or months without giving you a hearing date.
However, this does not always happen. In some cases, a delay is inevitable, especially if the court is busy or the prosecution has insufficient evidence to initiate proceedings. In this case, you could remain a little longer in police custody before you get your first court date. However, this waiting must not cause you unnecessary delay, as that would constitute a serious violation of your rights. Constitutionally, you have the right to a speedy trial. This means you deserve your case to be brought to trial within 60 days of your arrest.
The timeline also depends on whether or not you are in police custody. Some defendants can post bail immediately after an arrest, without going through an initial trial. Other defendants must remain in police custody until a court determines their eligibility for bail. If you face felony charges that do not require you to stay in police custody, you can make bail and await your first court date from home. In this case, the law requires you to be granted a court date without unnecessary delay; this can take a few days, weeks, or months, depending on the factors mentioned above.
However, if the felony offense requires you to stay in police custody after your arrest, you must appear before a judge within forty-eight hours of your arrest. The specified time is not inclusive of public holidays and weekends, though. If it is later determined that you were subjected to unreasonable delays between the arrest and your initial arraignment, you are a victim of unlawful confinement. This can be considered misconduct on the part of the police that you can use to obtain a favorable outcome in your case. You can also file a civil suit against the police for the delay, seeking monetary or other damages.
In some cases, defendants cite unlawful detention as a defense mechanism to convince the court to dismiss their charges. This only works in the following situations:
- If there is evidence that the unnecessary delay denied you the right to a fair trial
- The delay resulted in prejudice or an unfair injury
If you cannot prove any of these in your defense, the court may not accept it as a good enough defense to dismiss your charges.
What To Expect When You Finally Get a Court Date
Your first appearance in court can be scary and confusing, especially if it is your first time being arrested. You could also be more anxious if you are accused of a felony rather than a misdemeanor. Felony offenses are generally more serious, with possible severe penalties upon conviction. However, you can make the process easier and smoother if you have the support of a skilled criminal attorney. You can hire an attorney immediately after your arrest for legal advice and guidance. They will ensure you understand what to expect during this arraignment and all the other court processes that will follow.
The initial arraignment is usually granted for both misdemeanor and felony cases. It is a process in which the court advises you of your various constitutional rights. Your rights must be respected throughout all court processes, regardless of the seriousness of your charges. Some of the rights the judge will inform you of include your right to an attorney, your right to a speedy trial, and your right to defend yourself against the charges you face.
During the initial arraignment, you will also learn the exact criminal charges you face. Remember that this happens after the prosecutor obtains your personal and case details from the arresting officer. The prosecutor considers various factors, including the nature and seriousness of your crime and your criminal history, to determine the appropriate charges to file against you. Once the judge reads the charges against you, they will allow you time to enter a plea. You can enter a plea of guilty, not guilty, or no contest. You should seek the guidance of your attorney to ensure you make the appropriate choice.
A guilty plea will take your case straight to sentencing. It means that you have accepted all the charges against you and are willing and ready to accept the penalties for the offense. However, if you enter a no-contest or not-guilty plea, the case could go to trial. The judge will determine the next steps in the court process and allow the prosecution and defense teams enough time to prepare. In this case, the judge may discuss your eligibility for bail and the amount.
Remember that felony charges are usually the most severe charges you can face under California law. Some felonies are more severe than others. The nature and severity of your charges will determine your eligibility for bail. Your attorney can raise the bail issue, especially in serious felony cases where your eligibility for bail could be in question. The prosecutor may give their views on the matter while the judge makes the final decision.
If you are eligible for bail, the court will determine the amount. Again, the prosecution and defense teams are allowed to give their views on this, based on the details of your case, your criminal history, and the bail amount set in the available bail schedule. The judge determines the final amount and the mode of payment.
If you are eligible for bail, you can post it in cash or use a bail bond service to obtain a pretrial release. If you are considered ineligible for bail, you will remain in jail until the court hears and determines your case.
Defending Your Rights after a Felony Arrest
Remember that the court ensures you understand your constitutional rights during your initial arraignment. This is important for protecting yourself and ensuring that all court processes are fair. Everyone’s constitutional rights are important and should be respected, regardless of the seriousness of criminal charges they face. The police, the prosecutor, and the judge should not violate your rights at any stage in the court process. If they do, you can fight it with the help of your attorney or use it to fight for a favorable outcome in your case.
Some of the rights the U.S. Constitution grants you, which you must exercise during the initial arraignment and court processes, include the following:
Your Right to an Attorney
You deserve legal representation at your initial arraignment and throughout all court proceedings that follow. You can hire an attorney immediately after your arrest, or shortly thereafter, for advice, guidance, and defense. If you are unable to afford a personal attorney, you can ask for a court-appointed attorney to represent you. Having an attorney makes the entire process smooth. An attorney also represents your best interests in court and builds a solid defense against your charges.
Your Right Against Incriminating Yourself
The stress and anxiety you experience after an arrest can cause you to make regrettable mistakes that could worsen your legal situation. You could be tempted to confess or provide incriminating details that the police may use against you in a trial. Note that everything you say and how you behave can be used as evidence against you in your trial. That is why you are advised of your right to remain silent when questioned by the police. You can choose to remain silent and only speak when advised to do so by your attorney.
Your Right to Speedy Trial
Some trials can drag on for months or years, which is a very long time to wait, especially if you are in police custody. The Constitution grants every defendant the right to a speedy trial. This means that a court cannot delay your trial unnecessarily in a way that keeps you in jail for prolonged periods. Typically, you should be arraigned within 48 hours of your arrest, unless there are valid reasons to delay the arraignment for a few more hours or days. Your trial should be planned and conducted within a reasonable time.
The Right to a Jury Trial
A jury trial brings fairness to a criminal case, which improves your chances of obtaining a favorable outcome. A 12-member jury is carefully selected to hear the prosecution and defense sides of a case and give a unanimous verdict. The diversity of the members ensures that every factor is carefully considered before the final verdict is out. This is fairer than relying on the verdict of only one person. A single person can be biased or influenced by one or a few factors when determining a case.
Additionally, the jury system requires the prosecutor to prove all the elements of a case beyond a reasonable doubt for the jury to give a guilty verdict. If the prosecution fails to meet this burden, the court can dismiss your case.
The Right to Bring and Cross-Examine Witnesses
Witnesses are critical in criminal trials, as they provide accounts of the case that can influence the court’s final decision. An eyewitness to a case provides a real account of the events leading up to an arrest. An expert witness provides irrefutable evidence that could help in a case. The prosecution and defense teams have the right to bring witnesses. Thus, you can bring witnesses to testify in your favor during the trial. You can also cross-examine witnesses brought by the prosecution to ensure that only the truth comes out in the end.
Getting a Trial Date After the Initial Arraignment
The judge sets a trial date during the initial arraignment. Once you enter a plea of not guilty or no contest, and the judge decides the case will go to trial, they set the trial date based on the court’s availability and the nature of the case. Remember that the judge must give the prosecution and defense teams sufficient time to prepare. Preparation in this case involves gathering evidence and filing all required documents before the trial.
When setting the trial date, the judge must consider your constitutional right to a speedy trial. This means that the court must act within a reasonable time to ensure that you get a jury trial as soon as possible. This could mean getting a trial within 60 days of the initial arraignment or within 60 days of the reinstatement of your case (if your case was dismissed and the prosecution needs to re-establish it). It could also mean getting a trial within sixty days of the order that grants you a new trial after the judge declares a mistrial in your case.
However, the court may extend your trial date if it is busy, the witnesses are not ready, or critical evidence is missing. If you change an attorney, the court may be compelled to extend the trial date to allow the new attorney enough time to prepare.
You can also waive your right to a speedy trial if you need more time to prepare. Remember that a felony is a serious charge that could result in serious penalties, including a lengthy prison sentence and a hefty court fine. A felony conviction also remains on your criminal record for years, affecting various aspects of your life, including your social and professional life. That is why you may need enough time to prepare your defense. Under your attorney’s guidance, you can request the court to extend your trial date.
You can also waive your right to a speedy trial under the following circumstances. All you need is to show good cause to make such a request, and the court will grant or deny your request after reviewing it:
- If you are physically or mentally incapacitated and are unable to attend your trial in person because of the incapacitation
- If you come across new evidence and your attorney needs enough time to review the evidence and plan their defense accordingly
- If your case is complicated and it is too challenging for a speedy trial
- If your case involves multiple defendants and you prefer to have a joint process
- If the court clerk made a mistake when filing the court date
- In case of a global pandemic, like COVID-19, which may affect several court processes, including your trial
If you choose to exercise your right to a speedy trial, but the court delays it anyway, you can file a Serna motion, compelling the court to dismiss your case. Your attorney can prepare and file a Serna motion to dismiss your case because the court violated your constitutional right. Such motions are brought as a part of a pretrial process under the law. If the motion is successful, and your attorney proves that the infringement of your right caused you harm, the judge can dismiss all charges against you.
Find an Experienced Criminal Attorney Near Me
Do you, or someone you love, face felony charges in Van Nuys and are wondering how long it will take for your case to reach a final determination? A skilled attorney can help you understand the processes involved before the trial and sentencing. They can also defend your rights, especially your right to a speedy trial, to minimize unnecessary delays that could prolong your case further.
We can work closely with you at Leah Legal to defend your rights and ensure you are well prepared for all court processes related to your case. We will also guide you through all legal processes and plan a solid defense against your charges. Call us at 818-484-1100 to discuss this further.
