I hope you find this post helpful. If you’d like our legal team at Kersey Law to handle your case with the dedication and expertise you deserve, click here to get started with us today.

What Happens At The First Criminal Hearing?

The first hearing in a criminal case is called the arraignment. The primary purpose of an arraignment is to give the defendant (“the person accused of the crime”) written notice of the charges and for the defendant to enter a plea.

Arraignments are usually held within 48 hours of a person’s arrest, if they’re in jail. Remember, that’s excluding weekends and holidays. If they’ve bailed out or were only issued a citation, the arraignment typically occurs weeks or even months later.

There’s usually a lot going on at the arraignment calendar. There’s a lot of nervous energy, lawyers hustling around, and in-custody defendants being shuffled about the tank where they’re held. Prior to appearing in court, your lawyer, whether a public defender or private counsel, will review with you a document called a complaint. The complaint has your name and date of birth on it. It lists the charges the prosecutor is filing against you. As for each charge, it will also list the exposure, or the amount of time one can receive for being convicted for having violated the code section in question.

Your attorney will also go over your constitutional rights with you. They are the following:

  1. You have the right to remain silent
  2. You have the right to a public trial by jury
  3. You have the right to confront and cross-examine all witnesses against you
  4. You have a right to present evidence on your behalf

After you’ve gone over this and other information, eventually the judge will take the bench. The bailiff will call each case one by one. Your attorney will answer up on your behalf making his or her appearance. The attorney will generally enter a “Not Guilty” plea at arraignment. It’s a very rare situation that a guilty plea would be entered at arraignment. If nothing else for the reason that none of the discovery that is, police reports, photographs, videos, witness statements, etcetera will have yet been produced. It is the government who has the burden of proving that you’re guilty. It’s not your burden to prove that you’re innocent. Therefore, prior to admitting guilt, you’ll want to review the evidence against you and have an opportunity to discuss defense strategies with your lawyer.

After the plea is entered, the judge will address bail. With respect to bail, the judge is primarily concerned with 1. Whether the accused is a flight risk, in other words, are they going to show up to court when ordered to do so, and 2. Whether the person is a danger to the community, that is, is there a risk that the person will be on the streets and harm the public.

The judge will ask if the prosecutor wishes to be heard on bail. At that time, the prosecutor may state a brief overview of the facts of your case. They’ll mention any relevant prior criminal history, or any prior failures to appear. The more serious the charges against you, the higher the bail amount will be. Your defense attorney has an opportunity to respond. Generally, your attorney will mention your family ties in the area, your school and employment history, your lack of criminal record or lack of serious criminal record, and basically any good things they can say to convince the judge that you’ll appear in court and that you’re not a danger to the community, thereby supporting a pitch for lower bail.

After the bail is set, the judge will set future court dates. In a misdemeanor case, a pretrial readiness conference will be set. In a felony case, a pretrial readiness conference and a preliminary hearing will be set. The readiness conference is when the prosecutor and the defense attorney have an opportunity to discuss the case and determine whether a deal can be reached, if more time is needed for investigation or research, or if the case should be set for trial. The preliminary hearing which is scheduled in felony cases, is basically a probable cause hearing.

The reading of the future court dates is usually the last item addressed on the record. Your attorney will then thank the judge excusing him or herself from the courtroom. You’ll likely be in front of the judge for just a couple of minutes. The wait time between when your scheduled to appear and when your case gets called is actually what takes the most time.

Picture of Meet Jamahl Kersey

Meet Jamahl Kersey

Jamahl Kersey is a distinguished criminal defense attorney and the principal attorney at Kersey Law, a boutique law firm in San Diego. With a focus on criminal defense, Jamahl has built a reputation for his unwavering dedication to protecting his clients' rights and securing favorable outcomes in complex cases. Known for his strategic approach and thorough understanding of the law, he has successfully defended clients against various charges, including sex crimes and other serious offenses.

Beyond his legal practice, Jamahl is committed to supporting his community and providing educational resources to help individuals understand their legal rights. He regularly engages in discussions about criminal justice reform and is passionate about empowering young people to navigate potential legal challenges. Jamahl's dedication to his clients and community has established him as a trusted advocate and leader in the San Diego legal community.

More Articles from Criminal Defense Attorney Jamahl Kersey
Facebook
Twitter
LinkedIn

Strengthen your defense strategy in just 10 minutes per week.

Join 1,000+ clients gaining evidence-backed legal advice, first-hand experience, and ‘what’s working now’ strategies to build a strong defense.

Contact Kersey Law Today for a Free Consultation

If you’ve been arrested and charged with a crime, don’t wait to get help. Contact Kersey Law today to schedule a free consultation. We’ll review your case, answer your questions, and develop a defense strategy designed to protect your rights, your license, and your future.

Call us today at 619-329-8385 or fill out our online form to get started.

Why Kersey Law is the Right Choice for High-Stakes Criminal Defense

  • Protecting Your Reputation and Career—We Know What’s at Stake

    When your career, reputation, and future are on the line, there’s no room for mistakes. At Kersey Law, we understand that losing is not an option. We take a proactive and discreet approach to every case, ensuring your professional standing is safeguarded at every step. Your case will be handled with the utmost confidentiality, ensuring that your public and private life remain intact. For clients with the highest stakes, we focus on delivering the exceptional outcomes you deserve.

  • 24/7 Availability—We Are Here When You Need Us Most

    Legal emergencies don’t wait for business hours, and neither do we. As a client of Kersey Law, you’ll have access to 24/7 availability for urgent matters. We’re here when you need us, ensuring that critical situations are addressed immediately. Whether it’s the middle of the night or the weekend, you can count on us to be there and act quickly. This level of support is vital when everything is on the line.

  • Our Experience—Proven Results in High-Stakes Cases

    Kersey Law has defended nearly every type of criminal accusation, from misdemeanors to capital offenses. Whether you’re facing charges like Sexual Assault, DWI, or even Aggravated Assault with a Deadly Weapon, our team has the experience and expertise to handle the most complex, high-stakes cases. We’ve built a proven track record of success in defending clients whose futures depend on the outcome. Trust us to use every tool at our disposal to fight for you.

  • We Return All Phone Calls Within Hours—Because Your Case Deserves Immediate Attention

    Unlike many firms that leave clients waiting for days or weeks, we have a strict 24-hour callback policy. Your calls will be returned within hours, ensuring that you’re never left in the dark. We understand the urgency of your situation, and we pride ourselves on keeping the lines of communication open. Your case is our top priority, and you’ll always know where things stand.

  • Strategic, Relentless Defense—We Go Above and Beyond

    At Kersey Law, we go above and beyond to provide a strategic, personalized defense tailored to your specific situation. Our attorneys take the time to fully understand your case and work tirelessly to develop a strategy that aligns with your goals. We’re relentless in our pursuit of the best possible outcomes and leave no stone unturned in defending your rights and future. When you hire us, you can rest assured that your case is in the hands of a legal team committed to delivering excellence.

When everything is on the line, you need a legal team that will protect your future, fight tirelessly for the best outcome, and be by your side at every step.

See what others have to say about Building a Winning Defense Strategy that Protects Your Future.

Results may vary depending on your particular facts and legal circumstances.

I am beyond grateful to Keysey Law Firm for everything they've done, not just for me but for my family as well. For over 25 years, I've carried a weight I thought I might never be free from. Thanks to Mr. Kersey and his team that burden has finally been lifted. Even though I live in Texas and this case was in California their team made the entire process seamless. I was prepared to travel across the country is needed, but Mr. Kersey and his team handled everything remotely, with professionalism, care and incredible efficiency. Their customer service is outstanding, always responsive, kept me informed every step of the way and never once made me feel like my many questions were ever a bother. Their patience, kindness, and dedication stood out in every interaction. The relief I feel now is hard to put into words...it's overwhelming is the best possible way. What once felt impossible is now behind me, and that's entirely because of the incredible team at Kersey Law. From the bottom of my heart..thank you all!!
Best Attorney Experience Jamahl was my first criminal lawyer — and I hope to God my last. What you see is what you get with him. Not only is he an attorney, but he’s also a YouTuber, so you can actually check out his channel and see for yourself how knowledgeable he really is. During the most difficult time of my life, Jamahl was there to tell it like it is. Between court dates, he didn’t waste time with unnecessary calls or meetings, but whenever I had a question, he answered right away. I trusted him to do his job, gave him whatever information he asked for, and it worked out perfectly. He really listened to where I was coming from and understood my case details. Another thing I appreciated was his firm’s pricing — straightforward, clear, and with no hidden fees. At the same time, I had been paying another attorney who charged me for “case review meetings” every month without providing documentation or results. I felt completely taken advantage of. Now I know why that firm is called “The Moore Group” — more money, more frustration, and no results. In the end, thanks to Jamahl and his team, I went from facing two misdemeanors to only having to complete seven anger management classes — and then it will all be dismissed. That’s an incredible outcome, and I couldn’t be more grateful. I wish Mr. Kersey and his family all the best. Thank you to him and everyone who helped make this happen. Don’t forget to check out his channel: 👉 Jamahl Kersey YouTube
We all know that going to court can be very stressful. In my particular case I was arrested on a felony and misdemeanor charge. I mention this because this was the first time I ever had to call around trying to find the right lawyer and was unaware of how expensive attorneys can be, which only added on to my worries.Nonetheless, I called law firm after law firm and felt as if most just wanted to know my charges so that they could hurry and give me a quote. When I got into contact with Mr Kersey, it was a completely different experience, I felt he truly cared about me and understood my worries about possible conviction and my financial worries aswell. He reassured me multiple times on our first call that he would be able to defend me in court (which at the time I really needed to hear) , his confidence, understanding, and willingness to go out of his way to help me find a way to pay for representation sealed my choice with picking Kersey Law to represent me in court. The results, I had all charges, both felony’s and misdemeanors dismissed. The experience of having Kersey Law on my side was one of the best choices I have ever made as they always kept me up to date with everything and anything I needed to know before each court date in a timely fashion. Whenever I had any questions or felt nervous after or before a court hearing, I would reach out to Kersey law and they always made sure that all my questions and worries were addressed. They will communicate with you throughout the entire court process, you will not feel alone and you can rest assured that the people that are representing you in court are truly fighting for you, care about you and have your best interests in mind. With Kersey law you don’t have to go through this challenging process alone and will have someone on your side who can get the job done, like I mentioned prior, with their representation I had all my charges dismissed. This law firm is the right option as they will be there for you from start to end. I will forever be thankful for all of the team at Kersey law!

Schedule Your FREE Strategy Session Today

In just 1 hour, you’ll have a clear, actionable plan to turn your defense into an unstoppable force that can give you the most favorable outcome for your case (no obligation to move forward!).

  • This field is for validation purposes and should be left unchanged.
Scroll to Top