Being charged with a crime can be an intimidating experience, particularly if you have never been through the criminal court process before. One of the first important steps in a criminal case is often the arraignment. This is the court proceeding where the defendant is formally informed of the charges, advised of important rights, and given an opportunity to enter a plea. While an arraignment is generally not a trial, decisions made or issues addressed at this stage can affect what happens later in the case. Understanding what to expect can make the process less confusing and help a defendant prepare appropriately.

In Contra Costa County, criminal arraignments take place in the Superior Court of California, County of Contra Costa. The exact procedure can depend on whether the case involves misdemeanor or felony charges, whether the defendant is in custody, whether an attorney is already representing the defendant, and other circumstances. Contra Costa County also has local court rules governing where certain felony arraignments are handled and how criminal cases are assigned. If you or someone you care about has been charged with a crime, understanding the arraignment process and obtaining legal advice early can be an important step in protecting your rights.

Key Takeaways

• An arraignment is generally the defendant's first formal court proceeding in a criminal case.

• The court informs the defendant of the charges and addresses important constitutional and procedural rights.

• The defendant is generally asked to enter a plea, such as guilty, not guilty, or another legally recognized plea.

• A defendant has the right to be represented by an attorney. If a defendant cannot afford counsel and qualifies for appointed representation, the court can appoint counsel.

• Bail, release conditions, protective orders, and future court dates may also be addressed during the arraignment or related proceedings.

• Contra Costa County has specific local procedures for felony arraignments, including different arrangements for in-custody and out-of-custody defendants.

• Missing a required court appearance can result in a bench warrant, making it important to take the scheduled arraignment seriously.

• An arraignment is not the same as a trial. The prosecution still has the burden of proving the charges beyond a reasonable doubt.

What Is An Arraignment In California?

An arraignment is a formal court proceeding in which a person accused of a crime appears before the court and is informed of the criminal charges against them. It is an early stage of the criminal process and is generally focused on procedural matters rather than determining whether the defendant is guilty.

The Contra Costa County Superior Court explains that criminal cases may begin when a prosecutor files formal charges, when a person is arrested, or when a grand jury issues an indictment. The defendant is presumed innocent unless and until the prosecution proves the defendant guilty beyond a reasonable doubt.

An arraignment therefore should not be confused with a trial. The judge is generally not deciding at the arraignment whether the defendant committed the alleged offense. Instead, the court is beginning the formal process of moving the criminal case forward.

During an arraignment, the court generally addresses several important matters.

The Court May Address The Charges

The defendant is informed of the charges being brought against them. Depending on the case, the charging document may be a complaint, information, or indictment.

The purpose is not to require the defendant to explain the facts of the case. Instead, the defendant needs to understand what criminal allegations they are facing.

For example, a defendant may have been arrested based on allegations of theft, assault, driving under the influence, domestic violence, drug offenses, or another criminal violation. The specific allegations and charges should be identified through the formal charging documents and court proceedings.

This distinction is important. A person appearing for arraignment generally does not need to stand before the judge and tell the court their side of the story. In fact, discussing the facts of a criminal case without first consulting a defense attorney can create unnecessary risks.

An arraignment is therefore not an opportunity for a defendant to make a lengthy statement about why the allegations are incorrect. Questions about the facts, evidence, witnesses, defenses, and potential weaknesses in the prosecution's case are generally matters that should be discussed privately with defense counsel.

The Court Addresses The Defendant's Rights

California law provides defendants with important rights at arraignment. For example, California Penal Code section 987 provides that a defendant appearing for arraignment without counsel in a noncapital case must be informed of the right to have counsel before being arraigned. If the defendant wants an attorney and cannot afford to employ one, the court can assign counsel.

The court may also address other rights and procedural requirements applicable to the particular case.

This is one reason an arraignment should be taken seriously even though it is not a trial. The defendant is entering the formal court process, and decisions or statements made at this stage can have consequences later.

An arraignment is therefore more than simply standing before a judge and saying whether you are guilty or not guilty. It is an important procedural stage where several legal issues may be addressed.

What Happens At A Contra Costa County Arraignment?

The exact sequence can vary depending on the circumstances of the case, but a typical arraignment involves several basic steps. The procedure may differ based on whether the defendant is in custody, whether the case involves misdemeanor or felony charges, and whether the defendant has legal representation.

Understanding these basic steps can make the first court appearance less intimidating.

The Defendant Appears In Court

The defendant appears before the assigned judicial officer, either personally or through counsel when California law and the circumstances of the case permit.

The location can depend on the type of criminal case and whether the defendant is in custody. Contra Costa County's local rules provide that pre-preliminary-hearing arraignments for in-custody defendants charged with felonies occur in the Martinez arraignment department. Out-of-custody felony arraignments occur at the location where the case is venued.

The Superior Court's Wakefield Taylor Courthouse in Martinez handles felony and misdemeanor trials, criminal pretrial matters, DUI cases, and arraignments.

Because court assignments and procedures can change, defendants should verify the location and department associated with their specific case rather than assuming every arraignment will occur at the same courthouse.

A defendant should carefully review the paperwork received from the court or law enforcement. If an attorney has already been retained, the defendant should also communicate with the attorney before the scheduled appearance to understand where they need to go and whether they are required to personally appear.

The Charges Are Addressed

The court confirms the criminal allegations against the defendant. The defendant should understand the offenses being charged before entering a plea.

This is one reason having an attorney involved early can be valuable. A defense attorney can review the charging document, explain the allegations, identify potential legal issues, and discuss possible strategies before the defendant makes important decisions.

The charges listed in a police report or described by another person may not necessarily be identical to the charges formally filed in court. The formal charging documents and court record are therefore important when determining exactly what a defendant is facing.

The Defendant Enters A Plea

The court will generally ask the defendant to enter a plea.

California Penal Code section 1016 identifies several legally recognized pleas, including guilty, not guilty, and nolo contendere, as well as certain other pleas that apply in specific circumstances. A nolo contendere, or no contest, plea is subject to court approval and generally has the same effect as a guilty plea in the criminal case.

A defendant should not assume that choosing a plea is simply a matter of picking the option that sounds safest. The appropriate plea depends on the facts and legal circumstances of the individual case.

Before entering a plea, a defendant may need to consider the evidence, possible defenses, potential penalties, collateral consequences, and whether additional investigation is necessary. This makes it important to understand the consequences of a plea rather than treating the arraignment as a routine administrative appearance.

Future Proceedings May Be Scheduled

The court may set future hearings and establish deadlines or other requirements.

Depending on the case, the next stage could involve further pretrial proceedings, negotiations, motions, a preliminary hearing in a felony matter, or other proceedings leading toward resolution or trial.

The defendant should leave the arraignment knowing when and where they are expected to appear next and whether the court has imposed any conditions that must be followed.

An arraignment therefore marks the beginning of a larger process rather than the end of the case.

Does A Defendant Have To Be Physically Present At An Arraignment?

Whether a defendant must personally appear can depend on the type of charge and other circumstances.

California law provides special rules for misdemeanor cases. Under Penal Code section 977, defendants charged with misdemeanors only may, subject to statutory exceptions, appear through counsel. The law also contains provisions concerning appearances by video and specific exceptions, including certain domestic violence and DUI-related cases.

Felony cases can involve different requirements.

For example, Contra Costa County's local rules specifically distinguish between in-custody and out-of-custody felony arraignments. In-custody felony defendants are scheduled for pre-preliminary-hearing arraignments in the Martinez arraignment department, while out-of-custody felony arraignments occur where the case is venued.

The important point is that defendants should not make assumptions about whether their personal appearance is required.

Do Not Assume You Can Skip Court

A defendant should never assume that an attorney's involvement automatically means the defendant does not have to appear.

If the court orders a defendant to personally appear and the defendant does not show up, there can be serious consequences. California Penal Code section 978.5 authorizes a bench warrant in specified circumstances when a defendant fails to appear as required, including when the court has set a date and place for an arraignment.

Contra Costa County also warns that failing to appear in a criminal case can result in a bench warrant for the defendant's arrest.

A bench warrant can create additional legal complications. It can also make an already stressful criminal case more difficult to manage.

For that reason, defendants should carefully follow their court paperwork and any instructions from their attorney.

If a defendant cannot attend because of an emergency or another serious circumstance, they should not simply ignore the court date. They should contact their attorney or the appropriate court as soon as possible to determine what options may be available.

What Plea Should You Enter At An Arraignment?

One of the most important decisions at an arraignment is the plea.

A not guilty plea means the defendant is not admitting to the criminal allegations and is requiring the prosecution to proceed with the case. It does not mean that the defendant has been found guilty or that the case is over.

A guilty plea is an admission to the charged offense and can result in a conviction and sentencing. A defendant should understand the consequences before entering such a plea.

A no contest plea, also known as nolo contendere, is another plea recognized under California law. Penal Code section 1016 states that the court must ensure a defendant understands that a nolo contendere plea is considered the same as a guilty plea and that the court will find the defendant guilty.

Why You Should Think Carefully Before Pleading Guilty

An arraignment can happen early in the case, sometimes before the defense has had a full opportunity to investigate the allegations, examine evidence, interview witnesses, or identify potential defenses.

That is why defendants should generally discuss their case with a criminal defense attorney before making a decision that could affect their future.

A defendant may feel pressure to resolve the matter quickly, particularly if they are worried about jail, employment, family responsibilities, or the financial cost of continuing with a criminal case. However, quickly entering a plea without understanding the consequences can have lasting effects.

Entering a guilty plea can have consequences beyond the immediate criminal case. Depending on the offense and the defendant's circumstances, a conviction may affect employment, professional licensing, driving privileges, immigration status, firearm rights, or other aspects of a person's life.

The appropriate legal strategy is highly dependent on the individual circumstances.

A defense attorney can help a defendant understand whether entering a plea at the arraignment is appropriate or whether the case should continue so that the defense can investigate the allegations and evaluate available options.

What Happens With Bail And Release Conditions?

Bail and release conditions can be important issues during the early stages of a criminal case.

A defendant may be released from custody under particular conditions, remain in custody, or have bail-related issues addressed by the court. The circumstances can depend on the charges, criminal history, risk considerations, prior court orders, and applicable California law and local procedures.

Contra Costa County publishes current felony and misdemeanor bail schedules, including schedules that became effective July 8, 2026.

Bail is only one part of the larger question of a defendant's release from custody. Depending on the circumstances, the court may also impose conditions that the defendant must follow while the case remains pending.

Release Is Not The Same As Winning The Case

Being released from custody does not mean the criminal charges have been dismissed. Likewise, remaining in custody does not mean the defendant has been found guilty.

Release and bail decisions concern the defendant's status while the criminal case is pending.

A defendant who is released may still have to attend multiple future court hearings and comply with court-ordered conditions. Release should therefore not be interpreted as the conclusion of the criminal case.

Depending on the case, the court may also impose conditions of release. These conditions can be significant because violating them may create additional legal problems or result in the defendant being returned to custody.

A defendant should understand every condition imposed by the court and comply with it carefully.

Protective Orders May Also Matter

Certain criminal cases can involve protective orders or other restrictions concerning contact with alleged victims or other individuals.

These issues can be particularly important in cases involving allegations of domestic violence, threats, harassment, or other offenses involving specific individuals.

A defendant should not violate a court order simply because they believe the underlying allegations are false or because they want to communicate with the alleged victim. Legal advice should be obtained before taking action that could conflict with an existing court order.

For example, if a court issues an order restricting contact, the defendant should not assume that an alleged victim's willingness to communicate automatically cancels or changes that order. Court orders generally remain in effect unless they are properly modified or terminated.

What Happens After An Arraignment?

An arraignment is only one stage of a criminal case. What happens next depends on whether the case is a misdemeanor or felony, the charges involved, the evidence, and the legal strategy pursued by the defense.

The next phase can involve substantial legal work even though the defendant may not have to appear in court every day.

Misdemeanor Cases

Misdemeanor cases may proceed through additional pretrial hearings, negotiations, motions, diversion opportunities where legally available, and potentially a trial.

California law provides for certain forms of misdemeanor diversion. For example, Penal Code section 1001.95 allows a superior court judge, subject to statutory limitations, to offer diversion in qualifying misdemeanor cases. If the defendant completes the conditions ordered by the court, the action is dismissed.

Diversion is not automatic, however. Eligibility and whether diversion is appropriate depend on the specific offense and circumstances.

A defense attorney can evaluate whether diversion or another resolution may be appropriate based on the facts of the case.

Felony Cases

Felony cases can involve additional stages, including a preliminary hearing.

Contra Costa County's local rules provide that felony matters are directly assigned to a criminal department judge for all purposes at the time of arraignment, subject to the court's assignment procedures and available resources.

A felony case may involve investigation, discovery, pretrial motions, negotiations, a preliminary hearing, and potentially trial.

The fact that a case proceeds beyond arraignment does not mean the defendant will necessarily go to trial. Criminal cases can be resolved in different ways depending on the evidence, applicable law, negotiations, and decisions made by the parties.

The Defense May Investigate The Case

After an arraignment, a criminal defense attorney may investigate the allegations and review available evidence.

Depending on the circumstances, this may include examining police reports, videos, photographs, electronic communications, physical evidence, witness statements, forensic evidence, and other records.

The defense may also evaluate whether there are constitutional or procedural issues that could affect the prosecution's case.

For example, the defense may need to examine how evidence was obtained, whether statements were lawfully obtained, whether witnesses are credible, or whether the prosecution can establish each required element of the charged offense.

The goal is not simply to react to what happens in court. Effective criminal defense involves understanding the evidence and developing an appropriate legal strategy.

How Should You Prepare For A Contra Costa County Arraignment?

Preparing for an arraignment can help reduce unnecessary stress and prevent avoidable mistakes. A defendant does not need to know every detail of criminal procedure before walking into court, but taking several practical steps can make the process easier.

Know Your Court Date And Location

Carefully review all paperwork provided by the court, law enforcement, jail, or attorney. Confirm the date, time, courthouse, and courtroom or department when available.

Contra Costa County provides criminal court information through its Superior Court system, and the court maintains criminal departments at various locations.

If you are represented by an attorney, follow your attorney's instructions regarding where and when you need to appear.

Do not rely solely on memory or assume that the court date will remain unchanged. If you receive updated court paperwork, review it carefully.

Arrive Prepared

If you are required to appear in person, plan to arrive early enough to account for parking, security screening, finding the appropriate courtroom, and other delays.

Courthouse buildings generally open at 8:00 a.m., while clerk's office windows generally operate from 8:00 a.m. to 4:00 p.m., Monday through Friday, excluding court holidays.

Courtroom procedures can vary, so defendants should follow instructions from court personnel and their attorney.

Dress appropriately, arrive with enough time to find the courtroom, and silence your phone once you enter the courtroom. Treat the proceeding seriously and respectfully.

Avoid Discussing The Facts Of The Case Publicly

A criminal defendant should be careful about discussing the allegations with other people, particularly through text messages, social media, email, or other written communications.

Statements made outside court can potentially become evidence. Even seemingly harmless explanations or attempts to defend yourself may create complications if taken out of context.

A defendant generally has no obligation to publicly explain their side of the story at arraignment.

Instead of attempting to explain the case to friends, coworkers, witnesses, alleged victims, or people online, discuss the circumstances with your attorney. This can help protect confidential communications and prevent unnecessary statements from complicating the defense.

Speak With A Criminal Defense Attorney

Perhaps the most important preparation step is obtaining legal advice as early as possible.

An attorney can review the charges, explain what is likely to happen at the arraignment, advise you about the plea, evaluate release conditions, and begin developing a defense strategy.

For someone facing criminal charges in Contra Costa County, having counsel who understands the local court process can provide important guidance during what can otherwise be an uncertain and stressful time.

Early legal representation can also allow the defense to begin examining the case before important evidence becomes harder to locate or witnesses become more difficult to contact.

Conclusion

An arraignment is one of the first major steps in a Contra Costa County criminal case. It generally allows the defendant to be formally informed of the charges, addresses important legal rights, and provides an opportunity to enter a plea. Depending on the circumstances, the court may also address bail, release conditions, protective orders, future court dates, and other preliminary issues.

Although an arraignment is not a trial, it should not be treated as an insignificant court appearance. The plea entered, the conditions imposed, and the decisions made at this stage can affect the direction of the case. California law provides defendants with important rights, including the right to counsel, while Contra Costa County has specific procedures governing criminal cases and felony arraignments.

If you have been charged with a crime in Contra Costa County, consider speaking with a criminal defense attorney before your arraignment whenever possible. Gorelick Law Office can help you understand the charges you are facing, what to expect in court, and what legal options may be available based on the circumstances of your case.

Frequently Asked Questions About Contra Costa County Arraignments

1. Is An Arraignment The Same As A Trial?

No. An arraignment is an early criminal court proceeding. The court generally addresses the charges, the defendant's rights, the defendant's plea, and other preliminary matters. A trial is a separate proceeding in which the prosecution must prove the defendant's guilt beyond a reasonable doubt.

2. What Happens If I Plead Not Guilty At My Arraignment?

A not guilty plea generally means the criminal case will continue rather than being resolved by an admission of guilt. The court may schedule additional proceedings, and the defense can investigate the allegations, review evidence, pursue appropriate motions, negotiate where appropriate, or prepare for trial.

3. Can I Have A Lawyer At My Arraignment?

Yes. Defendants have a right to counsel in criminal proceedings. California Penal Code section 987 specifically provides that a defendant appearing for arraignment without counsel in a noncapital case must be informed of the right to have counsel before being arraigned. If the defendant wants counsel but cannot afford to employ one, the court can appoint counsel.

4. Do I Have To Speak During My Arraignment?

You may be required to respond to certain questions or enter a plea, but an arraignment is generally not the time for a defendant to provide a detailed explanation of the alleged crime. You should consult with your attorney before making statements about the facts of your case.

5. What Happens If I Miss My Contra Costa County Arraignment?

Failing to appear when required can have serious consequences. California law permits a bench warrant to be issued in specified circumstances when a defendant fails to appear, and Contra Costa County warns that failing to appear can result in a bench warrant for the defendant's arrest.

If you cannot attend a scheduled hearing because of an emergency, do not simply assume that the court will excuse the absence. Contact your attorney or the court as soon as possible.

6. Where Are Criminal Arraignments Held In Contra Costa County?

The location depends on the case. Contra Costa County's procedures distinguish between in-custody and out-of-custody felony defendants. In-custody felony defendants may be scheduled for pre-preliminary-hearing arraignments in the Martinez arraignment department, while out-of-custody felony arraignments occur where the case is venued.

The Wakefield Taylor Courthouse in Martinez handles felony and misdemeanor trials, criminal pretrial matters, DUI cases, and arraignments.

Because court locations and assignments can change, defendants should confirm the specific courthouse, department, date, and time associated with their case.

7. Can A Misdemeanor Arraignment Be Handled Without The Defendant Appearing Personally?

In certain misdemeanor cases, California Penal Code section 977 permits appearance by counsel, subject to exceptions. The law also contains provisions concerning appearances by video and specific exceptions, including certain domestic violence and DUI-related cases.

Because the requirements can depend on the specific charge and circumstances, defendants should not assume that they are excused from personally appearing. Confirm the requirement with your attorney or the court.

8. Can Charges Be Dismissed At An Arraignment?

An arraignment does not ordinarily serve as a trial on the merits of the criminal allegations. However, legal issues can affect how a criminal case proceeds at an early stage. Whether dismissal is possible depends on the specific charges, evidence, procedural history, and applicable law.

A defendant should discuss the circumstances with a criminal defense attorney rather than assuming that the case will automatically be dismissed or resolved at arraignment.

9. Should I Hire A Criminal Defense Attorney Before My Arraignment?

Speaking with a criminal defense attorney before an arraignment can help you understand the charges, your rights, potential plea options, court procedures, and issues involving custody or release.

Early legal advice can also help prevent a defendant from making statements or decisions that could negatively affect the case. An attorney can review the available information and help determine what should happen next.

10. What Should I Bring To A Criminal Arraignment?

Bring your court paperwork and identification if appropriate, along with any documents your attorney has asked you to bring. If you have already retained counsel, follow your attorney's specific instructions about what to bring and where to report.

You should also make sure you know the correct courthouse, courtroom, date, and time. Arriving early can help you avoid unnecessary stress caused by parking, security, or difficulty locating the courtroom.

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Facing Criminal Charges In Alameda Or Contra Costa County? Know What Comes Next

Being charged with a crime can turn your life upside down fast. One court date can lead to another, unfamiliar legal terms start piling up, and suddenly you're being asked to make decisions that could affect your freedom, reputation, career, and future. Understanding the criminal court process in Alameda and Contra Costa Counties can help you feel more prepared for what lies ahead.

At Gorelick Law Office, we've spent more than 30 years helping clients navigate the California criminal justice system with clarity and confidence. Attorney Lynn Gorelick knows that every stage of a criminal case matters, from the arraignment and pretrial hearings to motions, negotiations, and trial. We make sure you understand what's happening, why it matters, and what options may be available at each step.

Criminal cases can move quickly, and no two situations are exactly alike. The charges, evidence, courthouse, and circumstances surrounding your case can all shape how the process unfolds. Having an experienced defense attorney by your side means you don't have to walk into court wondering what comes next or how to respond.

Our team takes the time to examine the details of your case, protect your rights, challenge weaknesses in the prosecution's position, and build a defense strategy focused on the best possible outcome.

Don't let uncertainty control what happens next. If you're facing criminal charges in Alameda or Contra Costa County, contact Gorelick Law Office today for a free consultation and get experienced legal guidance from the start.

You deserve answers. You deserve a strong defense. You deserve a real chance to move forward.

Disclaimer 

The materials available on this website are for informational and entertainment purposes only and are not intended to provide legal advice. You should contact your attorney for advice concerning any particular issue or problem.  You should not act or refrain from acting based on any content included in this site without seeking legal or other professional advice. The information presented on this website may reflect only some current legal developments. No action should be taken based on the information on this website. We disclaim all liability concerning actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law.

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