What to Expect at Your First Court Appearance in San Diego

If you’ve been arrested and charged with a crime in San Diego, your first court appearance will likely be at the Superior Court of California, County of San Diego. This is the main criminal courthouse for misdemeanor and felony cases prosecuted in the City of San Diego and greater San Diego county area.

As criminal defense attorneys practicing in San Diego, we know how stressful and overwhelming that first court date can be, especially if you’ve never been through the criminal justice system before. To help ease your anxiety, here’s a rundown of what to expect at your initial appearance in San Diego criminal court.

When and Where is the First Court Date?

After getting arrested in San Diego, you’ll be given a date, time and location to appear for your first court hearing, called an arraignment. For most misdemeanor cases, the arraignment is set about 30 days out from the arrest date. For felonies, the initial arraignment usually takes place within 48 hours of arrest if the defendant is in custody, or 30 days if they posted bail or were released on their own recognizance.

Your first appearance and all subsequent court dates will take place at:

Superior Court of California
County of San Diego – Central Courthouse
1100 Union Street San Diego, CA 92101

The courthouse is open Monday through Friday from 8:30am to 4:00pm, except court holidays. Misdemeanor arraignments are held in Departments 1 and 2. Felony arraignments take place in Departments 11 and 12.

What Happens at the Arraignment?

The first court hearing in a criminal case is called an arraignment. This is where the charges are formally read to the defendant by the judge, along with some important Constitutional rights advisements.

The main purpose of the arraignment is for the defendant to enter an initial plea of “guilty,” “not guilty,” or “no contest” (also called “nolo contendere”) to the charges. In almost all cases, the plea entered will be “not guilty” to all charges unless an early plea bargain is reached (which is unusual for an arraignment).

Entering a “not guilty” plea gives your defense attorney time to review the evidence, investigate the case, negotiate with the prosecutor, and develop the most effective strategy for your specific case.

Other issues that may be addressed at an arraignment include:

• Appointment of a public defender or determination that the defendant has hired a private defense attorney
• Setting of future court dates (readiness conference, preliminary hearing, jury trial, etc.)
• Arguing for release from custody or bail reduction if the defendant is still in jail
• In some misdemeanor cases, immediate resolution through a plea bargain

If an agreement is reached to resolve the case through a plea deal at arraignment, the judge will take a change of plea and impose a sentence at that same hearing. But in most cases, the purpose of the arraignment is to start the court process and set future dates to come back as the case progresses.

How to Prepare for Your First Court Date

To make your initial San Diego Superior Court appearance go as smoothly as possible, follow these tips:

• Dress appropriately in business attire (button-down shirt and slacks for men, blouse and slacks/skirt for women). Avoid shorts, tank tops, flip flops, etc.
• Arrive at least 30 minutes early to allow time to park and get through security. Remember that cell phones and other electronics will need to be checked.
• Bring your copy of the citation, bail paperwork, or other court documents you received.
• Be respectful to the judge, bailiffs, and other court staff. Address the judge as “Your Honor.”
• Remain quiet while waiting for your case to be called. There may be many other cases on the docket.
• Let your attorney do most of the talking. You’ll have an opportunity to discuss the case privately with counsel beforehand.
• Stay calm, and don’t argue with the judge or prosecutor. Getting angry will only hurt your case.

In terms of the specific criminal court procedures and codes that will apply, your attorney will handle those details, so you don’t need to stress about that.

Do I Need an Attorney for My First Court Date?

Technically, you’re not required to have an attorney represent you at your arraignment or any other court hearing. You have the right to represent yourself in criminal court pro per (without an attorney). However, it is never advisable to face criminal charges alone.

The prosecutor and judge are not on your side. If you say or do the wrong thing, even unintentionally, it could seriously damage your case. Having an experienced San Diego criminal lawyer guide you through the court process, protect your rights, and advocate for your best interests is critical to achieving a favorable outcome.

A skilled attorney will understand the specific criminal court rules, codes, and procedures that govern cases in San Diego. They can use their knowledge of the system, relationships with the court personnel, and negotiation tactics to work towards getting you the best possible results.

At David P. Shapiro Criminal Defense Attorneys, we’ve been representing clients at all stages of San Diego Superior Court proceedings for years. We know how worrying that first court date can be and are here to guide you through it. If you’re facing misdemeanor or felony charges in San Diego, Chula Vista, or the surrounding areas, contact us today for a free consultation and immediate help with your case.