Arrested in Orange County: what happens between arrest and arraignment?

After an arrest in Orange County, a person who stays in custody must be brought before a judge within 48 hours, not counting Sundays and holidays (Penal Code § 825). In-custody arraignments can be heard in Department CJ1, a courtroom inside the Men's Central Jail complex in Santa Ana. Before that hearing, release is possible by posting bail from the county schedule, and at the arraignment the judge reads the charges, appoints counsel if needed, and decides release.

The hours between an arrest and the first court date are when families feel lost: they do not know where the person is, when they will see a judge, or what they should be doing. This page walks through that window in Orange County, hour by hour and rule by rule. For the bail decision itself, including what a judge weighs and when a hearing in open court is required, read the page on how bail works in California and how to get released before trial.

From arrest to arraignment, step by step

1. Arrest and booking. The person is taken to a police station or the county jail, photographed, fingerprinted and booked. From that point, any attorney licensed in California may visit at the request of the person or any relative, and an officer who refuses that visit commits a misdemeanor (§ 825(b)).
2. Finding where the person is held. The Orange County court's page for Department CJ1 tells families to use the Sheriff's Department "Who's In Jail" search to find where a particular defendant will be heard.
3. Release on the bail schedule. Until a judge sees the case, bail is the amount on the arrest warrant or, if there is no warrant, the amount on the countywide bail schedule. The jail or the court clerk can accept it in cash or as a surety bond and give a court date (§ 1269b(a), (b)).
4. The 48-hour clock. If the person stays in custody, the arraignment must happen without unnecessary delay and within 48 hours, excluding Sundays and holidays. If the time runs out when court is closed, it extends into the next court session; an arrest on a Wednesday after court has closed must be heard no later than Friday, if Friday is not a court holiday (§ 825(a)).
5. The arraignment. The Orange County court describes the misdemeanor and felony arraignment the same way: the defendant is brought before the court to plead to the charges in the complaint. Department CJ1, inside the jail complex, lists misdemeanor arraignments and felony complaint arraignments Monday to Friday, 8:00 a.m. to 4:00 p.m.
6. Counsel. A person who cannot afford a lawyer should tell the judge at arraignment. The court may require the Financial Affidavit (CR-105), may appoint the Public Defender, and may later order the person to repay part or all of the cost if they are able (Orange County court, Obtaining an Attorney).
7. The release decision. The judge may release on own recognizance, set bail, or add conditions. For a misdemeanor in custody, own-recognizance release is the starting point unless the judge finds on the record that it would compromise public safety or not reasonably assure appearance (§ 1270(a)). Anyone released on own recognizance signs a release agreement that includes a promise not to leave California without the court's permission (§ 1318(a)(3)).
8. The next dates. Misdemeanors then go to pretrial conferences and motions; felonies go to a preliminary hearing, where a judge decides whether there is enough evidence to hold the defendant to answer, followed by a new charging document called an information and a second arraignment.

Which courthouse comes next

After the first appearance, the case can move to the justice center that serves the city where it arose. For misdemeanors, the Harbor Justice Center at 4601 Jamboree Road, Newport Beach serves Irvine, Newport Beach, Laguna Niguel, Mission Viejo, Lake Forest, Aliso Viejo and the rest of south county. The Central Justice Center at 700 Civic Center Drive West, Santa Ana serves Orange, Santa Ana, Tustin and Villa Park, and hears various felony hearings for all Orange County cities. The North Justice Center in Fullerton and the West Justice Center in Westminster serve north and west county. A person who was cited and released, rather than held, goes straight to the courthouse printed on the citation.

What changes the answer?

• Day and time of the arrest. Sundays and holidays do not count toward the 48 hours, and the Wednesday rule moves a late-Wednesday arrest to Friday at the latest (§ 825(a)).
• Misdemeanor or felony. Misdemeanor defendants in custody start with a right to own-recognizance release unless the judge finds otherwise (§ 1270(a)); felonies have no such starting point and go to a preliminary hearing.
• The type of charge. For serious or violent felonies, domestic battery, felony corporal injury, felony criminal threats, stalking and some restraining-order violations, the judge cannot release on own recognizance or depart from the schedule without a hearing in open court, held within the § 825 time (§ 1270.1(a), (b)). The domestic violence charges page explains those cases. A criminal protective order can issue at this stage.
• A warrant. If a warrant already set bail, that amount applies until the judge sees the case (§ 1269b(b)). For a warrant from a missed date, the Orange County court says to report to the Criminal Operations Department of the justice center that issued it by 8:00 a.m., Monday to Friday.
• Alcohol and driving. A DUI arrest also starts a separate DMV process with its own 10-day deadline, explained on the page about the 10-day DMV deadline after a DUI arrest.
• Citizenship. The court warns noncitizens before any guilty or no contest plea that a conviction may have immigration consequences (§ 1016.5(a)); the court's own guidance says a conviction can lead to deportation. This office does not give immigration advice.

A worked example

For example, imagine a 22-year-old from Newport Beach arrested late on a Saturday night after a fight outside a restaurant. This is a hypothetical, not a real case. His parents speak mostly Persian and learn of the arrest from a friend at 2 a.m. They do not know where he is, and their first instinct is to call a bail agent.

The first step is finding him: the court's CJ1 page points families to the Sheriff's "Who's In Jail" search. The second is the clock. Sunday does not count toward the 48 hours, so the deadline falls later in the week than his parents expect, and if it ends while court is closed it carries into the next court session (§ 825(a)). Before then, his family can post the scheduled amount, or wait for the arraignment, where the judge decides release. If the charge is simple battery, a misdemeanor, the judge starts from release on own recognizance (§ 1270(a)), which is worth knowing before paying a bail agent's fee. If the charge is filed as a felony under § 245, a different calculation applies, explained on the page about assault and battery charges in California.

His parents can ask a California attorney to visit him in custody (§ 825(b)), and a Persian-speaking attorney can explain to them what happens at each step. If they attend court and need an interpreter, the court asks people to request one from the clerk's office or the courtroom on arrival. If he is released on his own recognizance, he signs an agreement not to leave California without the court's permission, which matters if he planned a summer trip to Iran (§ 1318(a)(3)). Readers who want to know who would be in court with him can read about Sourena Sarbazevatan.

Common mistakes in the first 48 hours

• Discussing the facts on jail calls. Keep calls to logistics, and save the details for a private conversation with the defense attorney.
• Paying a bail agent before knowing the charge. For a misdemeanor, own-recognizance release is the starting point under § 1270(a).
• Assuming the arraignment is at the local courthouse. In-custody arraignments can be in Department CJ1 at the jail complex in Santa Ana, not at the justice center for the city.
• Missing the DMV deadline after a DUI arrest. The 10 days start when the notice is received, which can be before the first court date.
• Arriving at CJ1 with prohibited items. CJ1 is a full security facility with weapons screening; pocket knives, scissors and pepper spray are not allowed.
• Not asking for counsel. A person who cannot afford a lawyer should say so at arraignment.

What to do this week

1. Find the person and the booking number using the Sheriff's "Who's In Jail" search referenced on the court's CJ1 page.
2. Write down the time of arrest and count the 48 hours, skipping Sundays and holidays.
3. Call a California criminal defense attorney and ask for a visit at the jail (§ 825(b)).
4. Gather proof of work, address, school or family responsibilities for the release decision.
5. After release, write down every court date and the courthouse, and check the case on the court's online case access.
6. If the arrest involved a car and alcohol, find the DMV order and note the 10-day deadline.
7. If the person is not a U.S. citizen, contact a separate immigration attorney before any plea.

Once the first week is past, the next question may be whether a conviction can later be cleared, explained on the page about dismissal under Penal Code 1203.4.

Frequently asked questions

How long can someone be held in Orange County before seeing a judge?

No more than 48 hours, excluding Sundays and holidays, extended to the next court session if the time ends when court is closed (§ 825(a)). A person arrested on a Wednesday after court closes must be arraigned by Friday unless Friday is a court holiday.

Where are in-custody arraignments held?

They can be held in Department CJ1, Building 50, 550 N. Flower St., Santa Ana, a courtroom inside the Men's Central Jail complex that hears select hearings from the Central, Harbor and North Justice Centers. The entrance is off 6th Street, across from the stadium parking structure.

Can a lawyer see the person before the arraignment?

Yes. Any attorney licensed in California may visit a person in custody at the request of that person or any relative (§ 825(b)).

Can the person get out before arraignment?

Yes, by posting the warrant amount or the scheduled amount in cash or by surety bond (§ 1269b). Some charges require a hearing in open court before any departure from the schedule or own-recognizance release (§ 1270.1).

What if we cannot afford a lawyer?

Tell the judge at arraignment. The court may require Form CR-105 and appoint the Public Defender, and at the end of the case may order repayment if the person is able to pay. The Orange County Public Defender can be reached at (657) 251-6090.

What happens at a felony arraignment?

The defendant pleads to the complaint, and the case is set for a preliminary hearing. If the judge holds the person to answer, an information is filed and there is a second arraignment.

The Law Office of Sourena Sarbazevatan represents people in Orange County and San Diego in criminal defense and bail matters, in English and Persian (Farsi). Call (949) 591-9596 or use the contact page.