Is a defendant's initial appearance before the magistrate's court for the purpose of arraignment on the complaint?

California, United States of America


The following excerpt is from Stanley v. Justice Court, 127 Cal.Rptr. 532, 55 Cal.App.3d 244 (Cal. App. 1976):

It can be seen that the defendant's initial appearance before the magistrate in conjunction with the filing of the complaint, as required by section 849, subdivision (a), is for the purpose of arraignment on the complaint. It is said that 'The principal purposes of the requirement of prompt arraignment are to prevent secret police interrogation, to place the issue of probable cause for the arrest before a judicial officer, to provide the defendant with full advice as to his rights and an opportunity to have counsel appointed, and to enable him to apply for bail or for habeas corpus when necessary.' (People v. Powell, supra, 67 Cal.2d at p. 60, 59 Cal.Rptr. at p. 834, 429 P.2d at p. 154.) In fact, arraignment in the magistrate's court does trigger adversary proceedings in a forum which provides a defendant with an opportunity to defend against the charges. In those proceedings defendant is entitled among other rights to the assistance of counsel for his defense. If defendant is indigent, counsel will be provided at public expense. ( 859, 987.)

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