Legal Question in Criminal Law in California

I am inquiring about a person who was arrested for domestic violence this past weekend while out on bail for what I think was a disturbing the peace type of violation from two weeks prior. Assuming he can't post bail (again) I understand he will have to remain in jail until his court hearing. What happens at the court hearing/arraignment? Assuming sentencing doesn't happen at the same time as the arraignment, does he remain in jail until sentencing?


Asked on 9/15/09, 7:40 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

At the hearing he/she will be arraigned only. There will be no sentencing until after a trial or after a plea of no-contest or guilty is accepted by the court. I am assuming that your friend was out on bail on another charge and got arrested again for DV. In that case, the hearing will be an arraignment and at that time it will be determined whether the DV is charged as a felony or misdemeanor. Sentencing and arraignment never happen together unless your friend pleads guilty. If they can't make bail, the court may release them on their own recognizance ("OR"). Otherwise, they'll remain locked up until the matter is concluded, which could be weeks or even months!....Good luck.

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Answered on 9/18/09, 5:34 pm


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