Skip to main content

Does a person have the right to know the details of what he is being charged for prior to arraignment?

Dana Point, CA |

My son received a letter in the mail the beginning of Feb stating that "on or about" 7/20 a complaint was filed for assault, theft under $400.00 and defrauding an innkeeper. No other information other than he must appear in court 2/22 or a warrant may be issued for his arrest. He has no idea what this is about. He was not in the city who is charging him "on or about" 7/20. Doesn't he have the right to know more specifics of these charges before appearing in court for the arraignment?

Attorney Answers 3

  1. Best answer

    The purpose of the arraignment itself is to notify him of the charges and to provide the specifications that you are inquiring about.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

  2. Once he gets an attorney on his case, the attorney will get a copy of the police report and then his attorney will discuss it with him. He does not have a right to get any more than that prior to his arraignment. At the arraignment, he will be told what the charges are but he'll have to wait to get more information. And he cannot get the police report ahead of time. His attorney will get it after the arraignment.

  3. You will be formally charged at the arraignment. You should have a lawyer help you with this.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics