Misdemeanor Arraignment at the Long Beach Courthouse: What to Expect

Q: Will I go to jail at a misdemeanor arraignment in Long Beach?

Usually not. Penal Code section 1270 presumes own recognizance release for misdemeanors, and a defendant who appears on time, has a stable address, and has no history of missing court is almost always released at arraignment. Custody at this stage is most common when there is an outstanding warrant, a new offense while on probation, or a domestic violence case with a serious injury allegation.

Q: Can my lawyer appear for me so I do not have to go to the Long Beach courthouse?

Yes, in most misdemeanor cases. Penal Code section 977 allows a misdemeanor defendant to appear through counsel unless the judge orders otherwise. Expect to be required in person for a domestic violence arraignment where a protective order will be served, for a plea, and for sentencing.

Q: What if the case is not on calendar on the date on my citation?

Confirm it and keep checking. The prosecutor may not have filed yet, and the court may tell you no complaint exists. The prosecuting office can still file a misdemeanor within one year of the offense under Penal Code section 802, so keep your address current with the court and the police agency, and have your attorney check the case index periodically.

Q: Should I plead guilty at the first court date to get it over with?

No, not before your lawyer has read the evidence. A guilty plea at arraignment gives up discovery, motions, diversion, and negotiation, and a conviction can follow you into employment background checks, immigration proceedings, and licensing. A not guilty plea costs nothing and keeps every option open.

Daniel Gramling, Esq.

11 minutes ago

11 min read

What Happens at a Misdemeanor Arraignment in Long Beach?

The short answer: a misdemeanor arraignment at the Long Beach courthouse is the first hearing in your case. The judge confirms your identity, tells you the charges, makes sure you have a lawyer or can get one, takes your plea, and decides whether you stay out of custody and on what conditions. In most misdemeanor cases you will plead not guilty, receive a pretrial date, and walk out the same day. What you do in the days before that hearing often matters more than the hearing itself.

Why this guide exists. Every week we meet people from Long Beach, Signal Hill, Lakewood, Torrance, Carson, and the South Bay who got a citation or were released from jail with a paper telling them to appear at the Long Beach courthouse on a specific morning. They have questions the paperwork does not answer: whether they must show up in person, whether they will be taken into custody, whether they should talk to the prosecutor, and whether the case will go away if they explain what happened. This guide, written by Daniel Gramling, Esq. of Gramling Law Group, answers those questions for misdemeanor cases filed in the Long Beach courthouse.

Which Cases Go to the Long Beach Courthouse?

The Long Beach courthouse serves the South District of the Los Angeles Superior Court. Criminal cases arising in Long Beach, Signal Hill, Lakewood, Avalon, and nearby unincorporated areas are generally filed at the Governor George Deukmejian Courthouse in downtown Long Beach. Cases from Torrance, Redondo Beach, Carson, Gardena, and much of the South Bay are usually heard at the Torrance courthouse instead, and Compton area cases go to the Compton courthouse. The exact filing district depends on where the offense allegedly occurred, so confirm the courthouse on your citation or release paperwork and on the Los Angeles Superior Court website before the hearing date. If you have a case in Long Beach, our Long Beach criminal defense page explains how we handle matters there.

Two prosecuting offices work in this building. Long Beach is one of a handful of California cities with its own City Prosecutor, which handles most misdemeanors that occur inside city limits, including DUI, domestic battery, petty theft, and drug possession cases. Felonies from Long Beach, and misdemeanors from Signal Hill, Lakewood, and other nearby cities, are prosecuted by the Los Angeles County District Attorney. Knowing which office holds your file matters because each has its own filing standards, diversion practices, and typical offers, and because a Long Beach police report and a Sheriff's report are handled by different people.

Long Beach police, not the Sheriff, make most of these arrests. The Long Beach Police Department has its own jail, and many people arrested on a misdemeanor are booked there and released within hours on a citation under Penal Code section 853.6 with a promise to appear. Others are transferred to the Los Angeles County Sheriff's system and released on bail or on their own recognizance. Either way, the date on your release paper is not always the date the case is actually filed, which we discuss next.

Do I Have to Appear in Person at a Misdemeanor Arraignment?

Often not, if you have a private attorney. Under Penal Code section 977, a defendant charged only with misdemeanors may appear through counsel at the arraignment and most later hearings without being personally present. That is one of the most practical reasons to retain a lawyer before the first court date: a person who works, has children, or lives far from Long Beach can often handle the entire arraignment without missing a day of work. The statute has exceptions. Judges can require personal presence, and in domestic violence cases the court will usually insist that you appear so a criminal protective order can be served on you in open court.

If you are representing yourself, you must appear. A person without a lawyer who does not show up on the scheduled date risks a bench warrant, and a judge will not accept a phone call or an email as a substitute. Our guide on what happens if you miss court in California explains how warrants work and how to clear them. If you are still deciding whether to hire counsel, read Do I Need a Lawyer for a Misdemeanor in California? before the date.

Check that the case was actually filed. Police give a court date at release, but the prosecutor has not yet reviewed the case at that point. Sometimes the office declines to file, files later than the paper date, or files different charges than the arresting officer wrote. A lawyer can check the court's case index shortly before the date. If nothing is on calendar, you may need to appear anyway to confirm and to avoid any risk of a warrant, and the court clerk will typically note that no complaint has been filed. That does not mean the case is over; the prosecutor generally has one year from the offense date to file a misdemeanor under Penal Code section 802.

What the Judge Does at a Long Beach Misdemeanor Arraignment

Step one is the complaint and your rights. Under Penal Code section 988, the court reads or summarizes the complaint and asks whether you understand the charges. In practice the reading is waived and the clerk hands your lawyer a copy of the complaint. The judge also advises you of the right to counsel, and if you cannot afford a lawyer, the Los Angeles County Public Defender or an alternate public defender is appointed at this hearing.

Step two is discovery. Your attorney will request the police report, body camera footage, witness statements, and any chemical test results. Penal Code section 1054.1 requires the prosecutor to turn over the evidence it intends to use and any evidence favorable to the defense. In Long Beach the initial packet is often handed over at arraignment or emailed shortly after, and body camera video usually follows on request. Nothing meaningful should be decided until your lawyer has read all of it, which is why the plea at arraignment is almost always not guilty.

Step three is the plea. You have three choices: not guilty, guilty, or no contest. A not guilty plea preserves every option, keeps the prosecutor's offer open, and sets the case for a pretrial conference. Pleading guilty at the first appearance without reviewing the evidence is a mistake we see people make when they just want the day to be over; the conviction that follows can affect employment, immigration status, professional licenses, and driving privileges for years. Our guide on whether to take a plea deal in California explains how to evaluate an offer when the time comes.

Step four is release and conditions. For a misdemeanor, Penal Code section 1270 creates a presumption that you will be released on your own recognizance unless the court finds that release would compromise public safety or that you are unlikely to return. Under In re Humphrey (2021) 11 Cal.5th 135, a judge may not set money bail a person cannot afford without first considering nonfinancial conditions and finding that no less restrictive option protects the public. In Long Beach, most misdemeanor defendants who appear on time are released on their own recognizance at arraignment, sometimes with conditions such as no driving without a valid license, no contact with a named person, or an order to stay away from a particular store.

Step five is any protective order. In domestic violence, stalking, elder abuse, and some assault cases, the prosecutor asks the judge to issue a criminal protective order on form CR-160 under Penal Code section 136.2. This is one of the most important moments of the hearing. A full no contact order can force you out of your own home and cut off contact with your children, while a peaceful contact order permits you to live together as long as there is no violence, threats, or harassment. Your lawyer should be ready to argue for the less restrictive order, with information about housing, children, and the protected person's wishes. Violating whichever order the judge signs is a separate crime under Penal Code section 273.6, as we explain in What Happens If You Violate a Restraining Order in California?.

Step six is scheduling. The court sets a pretrial conference, typically several weeks out. If you are in custody, Penal Code section 1382 requires a misdemeanor trial within 30 days of arraignment, and within 45 days if you are out of custody, unless you waive time. Most defendants waive time so the defense can investigate and negotiate, but the decision to waive or not is a strategic one, especially when the prosecution's witnesses are hard to locate.

What Happens After Arraignment in a Long Beach Misdemeanor Case?

The pretrial conference is where most cases are resolved. After your lawyer reviews discovery, the case returns for a pretrial conference in the same department. The prosecutor makes an offer, the defense responds with its view of the weaknesses in the case, and the judge may weigh in on what sentence the court would impose. Many cases settle here, and many others are continued once or twice while the defense obtains video, interviews witnesses, or files motions. Our article on what prosecutors look at before filing charges describes the factors that shape those offers.

Diversion is a real option for many first offenders. Penal Code section 1001.95 allows a judge to grant misdemeanor diversion over the prosecutor's objection for most misdemeanors, with the case dismissed after the person completes the court's conditions. Domestic violence offenses, stalking, and offenses requiring sex offender registration are excluded, and DUI is excluded by Vehicle Code section 23640. Long Beach judges vary in how readily they grant diversion, and the request is far stronger when the defense arrives with proof of counseling, community service, or restitution already in progress. Read How Does Misdemeanor Diversion Work in California? for the details. For people whose charges relate to a mental health condition, Penal Code section 1001.36 provides a separate program described in our mental health diversion guide.

Motions can end a case before trial. If the police stopped, searched, or arrested you without proper justification, a motion under Penal Code section 1538.5 asks the court to suppress the evidence, which often results in dismissal. Our guide to the 1538.5 motion explains when it applies. Other common defense motions target the sufficiency of the complaint, the chain of custody for a blood sample, or a witness's unavailability.

Trial remains available. A misdemeanor defendant in California has the right to a jury trial. Cases with a single uncooperative witness, a poor quality video, or a thin police report are often stronger at trial than the prosecutor's first offer suggests. Understanding what makes a criminal case weak helps you decide whether an offer is worth taking.

Common Charges at Long Beach Misdemeanor Arraignments

DUI. Cases under Vehicle Code section 23152 make up a large share of the Long Beach misdemeanor calendar, particularly from stops along the 710, Pacific Coast Highway, and the downtown bar districts. Remember that the DMV proceeding runs separately from the court case and that you have only ten days from the arrest to request a hearing under Vehicle Code section 13558. Our DUI defense page and our article on the DMV hearing after a DUI cover that process, and a reduction to a wet reckless is explained in What Is a Wet Reckless in California?.

Domestic battery and corporal injury. Misdemeanor domestic battery under Penal Code section 243, subdivision (e)(1), and misdemeanor filings under Penal Code section 273.5 carry a protective order at arraignment and, on conviction, the mandatory terms in Penal Code section 1203.097, including a 52 week batterer's program. We break down the elements and defenses in Is Corporal Injury to a Spouse a Felony in California? and explain the family court fallout in How Does a Domestic Violence Arrest Affect Child Custody?.

Theft, drugs, and driving offenses. Shoplifting under Penal Code section 459.5, simple possession under Health and Safety Code section 11377, driving on a suspended license under Vehicle Code section 14601, and hit and run under Vehicle Code section 20002 round out the calendar. Many of these are diversion eligible or can be resolved with a civil compromise, an infraction, or a dismissal after restitution. See our guides on shoplifting, drug possession, and hit and run.

Mistakes to Avoid Before Your Long Beach Court Date

Do not call the prosecutor or the alleged victim to explain. Anything you say to the City Prosecutor's office or a detective can be used against you, and contacting a protected person in a domestic violence case can create a new charge before the first one is even arraigned. Our guide on what not to say to police and our article on whether you can talk your way out of charges explain why silence is the safer path.

Do not miss the DMV deadline or the court date. The ten day DMV window in a DUI case does not wait for the arraignment, and a missed court date turns a manageable misdemeanor into a warrant. If you cannot make the date, a lawyer can often appear for you or move it.

Do not delete texts, photos, or social media posts. Deleting evidence after an arrest can be charged separately and looks worse to a jury than the original content usually does. Preserve everything and let your lawyer decide what helps. Our article on whether police can use your text messages explains how that evidence is obtained.

Do not wait until the morning of court to look for a lawyer. The days before arraignment are when a defense attorney can confirm the filing, gather character letters and proof of counseling, contact the prosecutor about the protective order, and sometimes persuade the office to file a lesser charge or none at all. Gramling Law Group offers flat-fee misdemeanor representation so you know the cost before you commit.

Frequently Asked Questions

Will I go to jail at a misdemeanor arraignment in Long Beach?

Usually not. Penal Code section 1270 presumes own recognizance release for misdemeanors, and a defendant who appears on time, has a stable address, and has no history of missing court is almost always released at arraignment. Custody at this stage is most common when there is an outstanding warrant, a new offense while on probation, or a domestic violence case with a serious injury allegation.

Can my lawyer appear for me so I do not have to go to the Long Beach courthouse?

Yes, in most misdemeanor cases. Penal Code section 977 allows a misdemeanor defendant to appear through counsel unless the judge orders otherwise. Expect to be required in person for a domestic violence arraignment where a protective order will be served, for a plea, and for sentencing.

What if the case is not on calendar on the date on my citation?

Confirm it and keep checking. The prosecutor may not have filed yet, and the court may tell you no complaint exists. The prosecuting office can still file a misdemeanor within one year of the offense under Penal Code section 802, so keep your address current with the court and the police agency, and have your attorney check the case index periodically.

Should I plead guilty at the first court date to get it over with?

No, not before your lawyer has read the evidence. A guilty plea at arraignment gives up discovery, motions, diversion, and negotiation, and a conviction can follow you into employment background checks, immigration proceedings, and licensing. A not guilty plea costs nothing and keeps every option open.

Who prosecutes misdemeanors in Long Beach?

The Long Beach City Prosecutor handles most misdemeanors that occur inside the city. The Los Angeles County District Attorney prosecutes felonies from Long Beach and misdemeanors from surrounding cities such as Signal Hill and Lakewood. Confirm which office filed your case by looking at the caption of the complaint.

How long does a Long Beach misdemeanor case take?

Most cases take two to six months from arraignment to resolution. Cases that require video, expert review, or motions take longer, and a case set for jury trial can take longer still. If you do not waive time, Penal Code section 1382 requires the trial to begin within 45 days of arraignment for an out of custody defendant.

Talk to a Long Beach Misdemeanor Defense Lawyer

Gramling Law Group defends misdemeanor and felony cases at the Long Beach, Torrance, Compton, and Clara Shortridge Foltz courthouses in Los Angeles County, at the Riverside Hall of Justice and the San Bernardino Justice Center in the Inland Empire, and in Orange County and throughout Southern California. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so you can get a lawyer into the case before the arraignment, when it counts most. Call (909) 654-4575 or contact us through this website for a consultation.

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