Felony Arraignment at the Clara Shortridge Foltz Criminal Justice Center: What to Expect

Q: Do I have to be present at a felony arraignment in Los Angeles?

Yes, in almost every case. Penal Code section 977, subdivision (b), requires a felony defendant to appear personally at arraignment unless the court accepts a written waiver that meets the statute's requirements. Some later felony hearings can be handled by counsel or remotely with a waiver and the court's consent, but the arraignment itself is the appearance the court expects you to attend. Failing to appear after release on bail is a separate offense under Penal Code section 1320.5.

Q: How long will I be in jail before arraignment at the Foltz building?

Usually no more than two court days. Penal Code section 825 requires an in-custody defendant to be brought before a judge within 48 hours of arrest, excluding Sundays and holidays, and County of Riverside v. McLaughlin requires a probable cause determination on a similar timeline. Arrests late in the week can mean a longer wait because weekends and holidays do not count. If the District Attorney does not file a complaint by the arraignment date, you are generally released while the case is reviewed.

Q: What is an early disposition hearing in Los Angeles County?

A settlement date before the preliminary hearing. Los Angeles County uses early disposition calendars where the District Attorney conveys an initial offer, often at the second court date. The offer can improve as discovery is reviewed and mitigation is presented, but some early offers are withdrawn if the case proceeds to preliminary hearing. Your lawyer should confirm whether any offer has an expiration and should never advise a plea before the police reports have been read.

Q: Can a felony be reduced to a misdemeanor at arraignment?

Sometimes, if the charge is a wobbler. The District Attorney can agree to amend a wobbler to a misdemeanor as part of an early resolution, and a judge can reduce a wobbler under Penal Code section 17, subdivision (b), at the preliminary hearing or at sentencing. Straight felonies cannot be reduced that way. Our Penal Code 17(b) guide explains which offenses qualify.

Daniel Gramling, Esq.

12 minutes ago

13 min read

The short answer: a felony arraignment at the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles is the first court appearance on a felony complaint filed by the Los Angeles County District Attorney. You will be told the charges, enter a plea (almost always not guilty at this stage), have bail or release conditions decided under In re Humphrey, possibly have a protective order issued, and receive a date for a preliminary hearing or an early disposition hearing. Under Penal Code section 977, subdivision (b), you must be personally present at a felony arraignment unless the court accepts a written waiver, so plan to be there with counsel. This guide explains how the day works, what the judge and prosecutor are deciding, and what to do in the week before and after.

Which Cases Are Arraigned at the Clara Shortridge Foltz Criminal Justice Center?

The downtown felony hub. The Clara Shortridge Foltz Criminal Justice Center, often called the CCB or simply the Foltz building, is the central criminal courthouse of the Los Angeles Superior Court. Felony cases arising in the central part of the City of Los Angeles, including downtown, Hollywood, Koreatown, Echo Park, Boyle Heights, Silver Lake, and the surrounding neighborhoods, are generally filed and arraigned there, and many high-profile and specialized felony calendars sit in the same building. If you were arrested by the Los Angeles Police Department in the central bureaus, or booked at the Metropolitan Detention Center or the Men's Central Jail and Twin Towers complex run by the Los Angeles County Sheriff's Department, the Foltz building is the most likely first stop. Court assignments change, so confirm the courthouse on your citation, release paperwork, or the Los Angeles Superior Court website before you go. Our Los Angeles criminal defense attorney page covers the LAPD divisions and the courthouses that serve the city.

Other Los Angeles County courthouses. Felonies from outside the central district go to the regional courthouses. Cases from the San Fernando Valley, Burbank, and Glendale generally go to Van Nuys or San Fernando, which we cover in First Court Date at the Van Nuys Courthouse: What to Expect. Cases from the eastern San Gabriel Valley go to the Pomona courthouse, South Bay and harbor cases go to Torrance and Long Beach, Compton has its own courthouse, the Airport Courthouse handles cases near LAX and the Westside, Pasadena serves the northeast, and the Antelope Valley courthouse in Lancaster serves Lancaster and Palmdale. Our Pasadena, Glendale and Burbank, and Long Beach criminal defense pages explain those assignments.

Who prosecutes. Felonies in Los Angeles County are prosecuted by the Los Angeles County District Attorney regardless of which city the arrest happened in. The Los Angeles City Attorney prosecutes misdemeanors inside the City of Los Angeles, but a felony complaint always comes from the District Attorney. That matters because District Attorney filing policies, early disposition programs, and diversion practices are set countywide and apply the same way in the Foltz building as in Van Nuys or Pomona. We explain how charging decisions get made in What Prosecutors Look At Before Filing Criminal Charges in California.

How Soon After a Felony Arrest Is the Arraignment?

The 48-hour rule when you are in custody. If you were arrested without a warrant and are still in jail, Penal Code section 825 requires that you be taken before a judge without unnecessary delay and within 48 hours of arrest, excluding Sundays and holidays. Separately, the United States Supreme Court held in County of Riverside v. McLaughlin that a judicial probable cause determination must generally occur within 48 hours of a warrantless arrest, building on Gerstein v. Pugh. In practice, in-custody felony arraignments at the Foltz building happen within about two court days of booking, and the District Attorney must decide by then whether to file a complaint, seek more time in limited circumstances, or release you with the case pending further investigation.

If you were released before charges were filed. Many felony arrestees bond out or are released under the county's pre-arraignment release protocols before any complaint is filed. In that situation the District Attorney reviews the police report and files the complaint later, sometimes weeks or months later, and the court mails or the District Attorney issues a notice of the arraignment date. Under Penal Code section 801 most felonies must be charged within three years, so an arrest that has not turned into a filing is not necessarily over. A lawyer can check the court's case index and the District Attorney's filing status so you are not surprised by a warrant, which we discuss in What Happens If You Miss Court in California?.

Arrest on a warrant. If a judge already signed an arrest warrant on a filed complaint, the arraignment happens on the same 48-hour timeline once you are booked, but the bail amount on the warrant usually controls until a judge revisits it. In that case the first appearance is often where your lawyer makes the first argument for release, and preparation before the hearing matters.

What Happens in the Courtroom at a Felony Arraignment?

The judge reads or waives the reading of the complaint. Under Penal Code section 988, the arraignment consists of reading the complaint to the defendant and asking for a plea. Defense lawyers almost always waive a formal reading and acknowledge receipt of the complaint. The complaint lists each felony count, any misdemeanor counts, and any enhancements or prior conviction allegations such as strikes under Penal Code section 667 or a great bodily injury allegation under Penal Code section 12022.7. Read every allegation, because enhancements often drive the sentencing exposure more than the base charge.

The right to counsel. If you do not have a lawyer, the court will ask whether you can afford one and will refer you to the Los Angeles County Public Defender or the Alternate Public Defender if you qualify. Gideon v. Wainwright guarantees appointed counsel in felony cases for defendants who cannot afford a lawyer. If you plan to hire private counsel, tell the court, and the judge will usually give you a short continuance to retain, but the Humphrey bail hearing and any protective order will not wait for that. The best practice is to have your lawyer at the first appearance.

The plea. At a felony arraignment on a complaint the plea is nearly always not guilty. A not guilty plea preserves every defense, triggers the discovery obligations of Penal Code section 1054.1, and starts the preliminary hearing clock. Under Penal Code section 1018 a felony guilty plea generally must be entered personally by the defendant in open court, and no one should plead guilty at the first appearance before seeing the police reports. We explain how offers develop over time in Should You Take a Plea Deal in California?.

Personal presence. Penal Code section 977, subdivision (b), requires a felony defendant to be personally present at arraignment, at the time of plea, at the preliminary hearing, and at sentencing, unless a written waiver is filed and accepted. Some appearances can be made through counsel with that waiver, and remote appearances are allowed in certain felony proceedings with consent under the same section, but do not assume you can skip the arraignment. Missing a felony arraignment on a filed complaint is a separate crime under Penal Code section 1320.5 if you were released on bail, and a bench warrant will issue.

How Bail and Release Are Decided at the Foltz Building

The Humphrey framework. Since In re Humphrey, a California judge may not set money bail in an amount the defendant cannot afford unless the court finds by clear and convincing evidence that no less restrictive condition will protect the public and ensure the defendant's return to court. The judge must consider ability to pay, the seriousness of the charge, the defendant's record, and the risk of nonappearance under Penal Code section 1275, with public safety as the primary consideration. Los Angeles County has also operated its own pre-arraignment release protocols that route many arrestees to release with conditions or to a magistrate review before arraignment; those protocols change, so check the court's website for the current version.

What your lawyer argues. A useful bail presentation at arraignment shows the judge who you are: employment, family ties in Los Angeles, length of residence, lack of prior failures to appear, and a plan for supervision such as electronic monitoring or a treatment program. Under Penal Code section 1270, subdivision (a), own recognizance release is available in felony cases at the court's discretion, and Penal Code section 1318 governs the release agreement. Under Penal Code section 1270.1, certain offenses, including serious and violent felonies and felony domestic violence, require a hearing in open court before the judge can release the defendant on own recognizance or reduce bail below the schedule, and the prosecutor gets notice. We cover the mechanics of bail schedules, bond agents, and forfeiture in How Does Bail Work in San Bernardino County?, and the rules are the same statewide.

Bail source hearings. If the prosecutor believes the money for a bond came from criminal activity, Penal Code section 1275.1 allows the prosecutor to request a hearing to confirm the source of the bail funds before the bond is accepted. This comes up most often in drug sales, fraud, and organized theft cases. If you are told a bail source hold has been placed, gather documentation of legitimate income or assets before the hearing.

Protective Orders at Arraignment

Criminal protective orders. In cases involving a named victim, especially domestic violence, criminal threats, and assault, the prosecutor will ask the court at arraignment to issue a criminal protective order under Penal Code section 136.2 on Judicial Council form CR-160. The order can bar all contact, or it can be a peaceful contact order that allows contact but forbids harassment. Violating the order is a new crime under Penal Code section 166 or Penal Code section 273.6, and a violation is the fastest way to lose your release. We explain the consequences in What Happens If You Violate a Restraining Order in California?.

Family and custody crossover. A criminal protective order that names your partner or children affects where you can live and whether you can see your kids, and it interacts with any family court order. If there is a pending or possible custody case, tell your lawyer at arraignment so the order can be tailored to allow court-ordered exchanges. Our guide How Does a Domestic Violence Arrest Affect Child Custody in California? and our domestic violence restraining order practice page explain the family court side.

What Dates Are Set After a Felony Arraignment?

The preliminary hearing clock. Under Penal Code section 859b, a defendant who does not waive time is entitled to a preliminary hearing within 10 court days of arraignment or plea, and the case must be dismissed if the hearing is not held within 60 days absent a waiver or good cause. At the Foltz building the court will set the preliminary hearing date at arraignment or set an intermediate early disposition date first. Whether to waive time is a strategic decision: holding the prosecution to 10 court days can pressure a weak case, while waiving time gives your lawyer room to gather evidence and negotiate. We describe what the hearing looks like in What Actually Happens at a Preliminary Hearing in California?.

Early disposition courts. Los Angeles County has long used early disposition programs in which the District Attorney makes an initial offer before the preliminary hearing, and the Foltz building has calendars devoted to that stage. The first offer is often the prosecutor's opening position and can improve once the defense has reviewed discovery, identified suppression issues, and presented mitigation. Some offers, however, are expressly limited to the early disposition stage and are withdrawn if the case goes to preliminary hearing, so ask your lawyer to find out whether an offer expires. The general flow of these hearings is covered in What Happens at a Pretrial Conference in California Criminal Court?.

Discovery. Penal Code section 1054.1 requires the prosecutor to disclose police reports, witness statements, the defendant's statements, physical evidence, and exculpatory evidence. At the Foltz building the initial discovery packet is often handed to defense counsel at or shortly after arraignment. Body-worn camera footage, 911 recordings, and cell phone extractions usually come later and must be requested, and your lawyer should send a written discovery request early.

Motions and Strategies That Start at Arraignment

Wobblers and Penal Code section 17, subdivision (b). Many felony complaints charge wobblers, offenses that can be punished as either a felony or a misdemeanor. A judge can reduce a wobbler to a misdemeanor at the preliminary hearing stage or at sentencing, and the District Attorney can agree to file or amend the charge as a misdemeanor. We explain the four routes in How to Reduce a Felony to a Misdemeanor in California.

Suppression and dismissal motions. If the arrest, search, or interrogation was unlawful, a motion under Penal Code section 1538.5 to suppress evidence can be brought at the preliminary hearing or afterward, and a motion under Penal Code section 995 can attack the information if the evidence at the preliminary hearing was insufficient. Those motions are how many felony cases are won or reduced without trial, as we describe in What Is a 1538.5 Motion and When Can You File One? and How to Get Criminal Charges Dismissed in California.

Diversion. Misdemeanor diversion under Penal Code section 1001.95 is not available for felonies, but mental health diversion under Penal Code section 1001.36 covers many felonies, drug treatment diversion under Penal Code section 1000 covers simple possession charges, and military diversion under Penal Code section 1001.80 applies to misdemeanors only. A defendant with a diagnosed mental health condition should raise diversion early, because People v. Braden requires the request to be made before the case is adjudicated. See How Does Mental Health Diversion Work in California?.

Immigration. Penal Code section 1016.3 requires defense counsel to advise a noncitizen client about immigration consequences and requires the prosecutor to consider them in plea negotiations, consistent with Padilla v. Kentucky. Many felony pleas, and some misdemeanor pleas, carry deportation or inadmissibility consequences, so a noncitizen defendant should tell counsel about immigration status before any offer is discussed.

Common Mistakes in the Week Around a Felony Arraignment

Talking to detectives. After a felony arrest, detectives often call to ask for your side of the story. Everything you say is discoverable and usable, and a statement rarely stops a filing. Decline politely, say you want a lawyer, and let counsel handle contact, as we explain in Understanding Your Rights When Questioned by Police in California and Can I Talk My Way Out of Criminal Charges in California?.

Contacting the alleged victim. In domestic violence and assault cases, a text or call to the other person after arrest, even an apology, can become a new charge for dissuading a witness or violating a protective order, and it is often used as evidence of consciousness of guilt. Messages are routinely recovered, as we describe in Can the Police Use Your Text Messages Against You in California?.

Arriving unprepared. Bring identification, your release paperwork or bond receipt, proof of employment, and the names of people who can confirm your ties to the community. Dress as you would for a job interview, arrive early, and expect security screening and a wait; downtown Los Angeles parking and traffic add time. If you have a medical or work conflict with a date the court sets, raise it through counsel at the hearing rather than missing it later.

Waiting to hire a lawyer. The first two weeks after a felony arrest are when the bail decision, the protective order, the early disposition offer, and the preliminary hearing strategy are all set. Gramling Law Group offers flat-fee criminal defense and limited-scope options so that you know the cost before you commit, and we explain the immediate steps in Arrested Last Night in the Inland Empire? What to Do Now.

Frequently Asked Questions

Do I have to be present at a felony arraignment in Los Angeles?

Yes, in almost every case. Penal Code section 977, subdivision (b), requires a felony defendant to appear personally at arraignment unless the court accepts a written waiver that meets the statute's requirements. Some later felony hearings can be handled by counsel or remotely with a waiver and the court's consent, but the arraignment itself is the appearance the court expects you to attend. Failing to appear after release on bail is a separate offense under Penal Code section 1320.5.

How long will I be in jail before arraignment at the Foltz building?

Usually no more than two court days. Penal Code section 825 requires an in-custody defendant to be brought before a judge within 48 hours of arrest, excluding Sundays and holidays, and County of Riverside v. McLaughlin requires a probable cause determination on a similar timeline. Arrests late in the week can mean a longer wait because weekends and holidays do not count. If the District Attorney does not file a complaint by the arraignment date, you are generally released while the case is reviewed.

Will the judge set bail at a felony arraignment?

The judge decides release conditions, which may or may not include money bail. Under In re Humphrey the court must consider your ability to pay and must prefer the least restrictive conditions that protect the public and ensure your return, while Penal Code section 1275 lists the factors, with public safety first. For the offenses listed in Penal Code section 1270.1 the court must hold a hearing before releasing you on own recognizance or lowering bail. A prepared presentation from your lawyer at the first appearance makes a real difference.

What is an early disposition hearing in Los Angeles County?

A settlement date before the preliminary hearing. Los Angeles County uses early disposition calendars where the District Attorney conveys an initial offer, often at the second court date. The offer can improve as discovery is reviewed and mitigation is presented, but some early offers are withdrawn if the case proceeds to preliminary hearing. Your lawyer should confirm whether any offer has an expiration and should never advise a plea before the police reports have been read.

Can a felony be reduced to a misdemeanor at arraignment?

Sometimes, if the charge is a wobbler. The District Attorney can agree to amend a wobbler to a misdemeanor as part of an early resolution, and a judge can reduce a wobbler under Penal Code section 17, subdivision (b), at the preliminary hearing or at sentencing. Straight felonies cannot be reduced that way. Our Penal Code 17(b) guide explains which offenses qualify.

What happens if I miss my felony arraignment?

A bench warrant issues and, if you were on bail, a new charge can follow. The court will order a warrant for your arrest, the bond may be forfeited under Penal Code section 1305, and Penal Code section 1320.5 makes a willful failure to appear on a felony while released on bail a separate felony. If you missed a date, contact a lawyer immediately about a motion to recall the warrant and a voluntary appearance, which we cover in What Happens If You Miss Court in California?.

Talk to a Los Angeles County Felony Defense Lawyer

Gramling Law Group defends felony and misdemeanor cases at the Clara Shortridge Foltz Criminal Justice Center, Van Nuys, Pasadena, Pomona, Long Beach, Torrance, Compton, and the Airport and Antelope Valley courthouses, as well as throughout the Inland Empire, Orange County, and Southern California. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so that clients facing a felony arraignment in Los Angeles know what representation will cost before the first court date. Call (909) 654-4575 or contact us through this website for a consultation.

This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.