Arraignment
Arraignment is a court appearance before a judge or commissioner at which several important matters occur. The first is identification of the attorney representing the accused. Once the accused's attorney has been identified, one of three pleas (not guilty, no contest, or guilty) may be entered or a demurrer to the complaint may be made. Third, formal reading of a criminal complaint may be read to inform the accused defendant of the charges or, more typically, reading of the criminal complaint is waived.
Fourth, receipt of initial discovery consisting of police reports, statements, lab reports (such as breath test resultsor blood test results) and other documents which may be relevant to the case. Fifth, matters regarding pretrial release may be discussed to include own recognizance (OR) release of the accused, release with conditions, supervised pretrial release, bail, or detention pending future hearings, trial or settlement. Sixth, whether the accused will invoke the right to a speedy trial or waive a speedy trial. Seventh, the setting of future court dates for conferences or hearings on motions.
Right to Counsel
The accused defendant has the right to counsel if the charge for which the defendant is accused carries as a possible consequence a jail or prison sentence. The right to the assistance of a lawyer is a constitutional right guaranteed by the Sixth Amendment to the United States Constitution. If the defendant wishes to be represented by an attorney but cannot afford to hire one, a government appointed attorney called a public defender will be assigned. A court appointed attorney will not represent a person in a California DMV license suspension hearing because that separate DMV case does not carries the risk of a driver's license suspension, not a jail sentence.
The accused defendant has the right to represent themselves. This is considered unwise in most cases because the accused will be held to the standards of an attorney. For that reason a waiver is usually required by a judge in cases where people decide to represent themselves.
Guilty and Not Guilty Pleas
If the defendant pleads guilty, sentencing usually follows. The court is not required to accept a guilty plea. At sentencing, the judge assesses the offense, considers the aggravating and mitigating factors, the defendant's character, and imposes a sentence.