Arraignment
An arraignment is a defendant's first appearance in court after being formally charged. The defendant is informed of the charges and the judge decides whether there is enough evidence to hold the defendant. If the defendant does not have an attorney, the court may appoint an attorney from the Department of Assigned Counsel (DAC) to represent the defendant.
Bail and Conditions of Release
In rare circumstances, the judge may order a defendant held in custody until trial, with no possibility of pre-trial release. In most cases, however, the judge will allow the defendant to be released 1) upon his or her own recognizance, 2) into the custody of a family member or some third party, or 3) upon posting bail (or bond) in a certain dollar amount.
The reason for requiring some defendants to post bail is to help ensure their appearance at all necessary hearings and trial. When bail is required, the judge will set the amount based on such factors as the seriousness of the offense, the defendant's prior criminal record, and the likelihood that the defendant will appear as ordered, given his or her ties to the community.