1. What Does Informal Arraignment Allow Your Attorney to Do?
Rule 856 lets an eligible attorney enter a not guilty plea and arrange pretrial and jury trial dates through the clerk, subject to court discretion. It applies to adult misdemeanor proceedings in the Superior Court of California, County of Orange, under California Penal Code § 977(a). Federal criminal cases follow separate procedures.
The clerk does not evaluate witnesses or decide whether the prosecution can prove the charges. Those questions remain part of your criminal defense as the case proceeds.
2. Cases Excluded from Informal Arraignment
A misdemeanor charge does not automatically qualify. Rule 856 lists these exclusions:
- A failure to appear or the issuance of an arrest warrant; the defendant must also have no outstanding warrants.
- Custody on the arraignment date.
- Charges under Penal Code § 166(a)(4) or § 192(c).
- A misdemeanor involving domestic violence as defined in Family Code § 6211, or a misdemeanor charge under Penal Code § 273.6.
- Vehicle Code § 23152 or § 23153 charges with an alleged prior conviction of either offense.
- Revocation of the attorney’s eligibility to use this procedure.
Compare the code sections and prior convictions alleged in the complaint with these exclusions. For DUI defense, an alleged prior conviction can affect eligibility, but a first offense still requires review for the other exclusions.
If Your Case Is Excluded
An exclusion makes this particular procedure through the clerk unavailable. Whether an attorney may instead appear for you in court depends on the applicable appearance rules, charges, and court orders. Your own remote appearance is also a separate arrangement, so ask exactly how the lawyer plans to handle the hearing before changing work or travel plans.
3. Authorize Your Attorney and Gather the Documents
Your attorney needs your express authorization to appear for you and receive notice of later dates. Discuss what the form records and how the lawyer will keep you informed before authorizing the request.
Understand the Waiver on Form L-1049
Form L-1049 records a not guilty plea, denial of the allegations, and waiver of formal arraignment and the advisement of constitutional and statutory rights. Waiving that advisement does not itself give up your trial rights. The attorney signs the form and accepts the representations and agreements in Rule 856.
Check the Case and Release Paperwork
Give your lawyer the citation or arraignment notice, case number, complaint if available, and release or bond paperwork. Check the defendant’s name, filed charges, original hearing date, and assigned Justice Center together. Mention any missed appearances, warrants, or changes in custody status, including matters you believe have already been resolved.
4. Submission Methods Have Different Deadlines
Your attorney works with the clerk at the Justice Center where the case is initially scheduled. The filing window depends on whether the attorney uses the telephone, counter, or fax procedure.
| Method | Published submission window |
|---|---|
| Telephone | From seven days before the scheduled arraignment until 10:00 a.m. on the arraignment date. |
| Counter | From seven court days before the scheduled arraignment until two court days before it. |
| Fax | From seven court days before the scheduled arraignment until two court days before it. |
Telephone
- Published submission windowFrom seven days before the scheduled arraignment until 10:00 a.m. on the arraignment date.
Counter
- Published submission windowFrom seven court days before the scheduled arraignment until two court days before it.
Fax
- Published submission windowFrom seven court days before the scheduled arraignment until two court days before it.
Processing hours are 9:00 a.m. to 2:00 p.m., excluding weekends and holidays, with the earlier telephone cutoff on the arraignment date. Court days exclude weekends and court holidays; the telephone rule uses “days” for its seven-day starting point.
For telephone processing, the clerk completes the form for the attorney. For counter or fax processing, the attorney completes and submits it. The optional email field on L-1049 does not establish an email filing procedure.
Ask which method your attorney will use and when the request will reach the court. Waiting until the last available morning may leave little time to address a rejected request or arrange attendance.
5. Confirm the Court’S Response and Your Next Appearance
Ask your attorney for confirmation of the court’s response and a copy of the recorded hearing dates. A fax transmission receipt does not establish court approval.
Approval, Rejection, and Future Notices
L-1049 has separate approval and rejection sections. If the court rejects the request, both you and your attorney must attend the originally scheduled arraignment unless the court directs otherwise. After a telephone or fax arraignment, the attorney must confirm the pretrial and jury trial dates with the clerk in writing within three calendar days.
As part of this procedure, you authorize the attorney to receive hearing notices and agree that notice to the attorney counts as notice to you. Keep your contact information current and obtain the date, time, department, and attendance instructions for each later hearing.
Your Release Terms Continue
Existing bail, bond, or release on your own recognizance remains in force through the next appearance under this procedure. Requests to change release conditions require separate attention; informal arraignment does not itself remove reporting, travel, or other applicable restrictions. Keep the release order with the hearing notice so you can check both your conditions and your next court obligation.
23 Oct, 2026
