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What Happens at Arraignment in San Mateo County

By Ahmed S. Hasan·Criminal Defense Attorney·Bar #364992

Your first court date on a San Mateo County misdemeanor is the arraignment. It happens at the Hall of Justice in Redwood City or the Northern Branch in South San Francisco — whichever is on your paperwork.

Here's what actually happens there, whether you have to appear in person, and what comes next.

What an Arraignment Is

The arraignment is your first appearance in front of a judge. Three things happen: the court tells you the charges the District Attorney has filed, advises you of your constitutional rights, and takes your plea. At this early stage the plea is almost always not guilty — that preserves every option while your attorney reviews the evidence.

The judge also addresses custody. On most misdemeanors, that means releasing you on your own recognizance (OR) — a written promise to return — rather than setting bail. Your attorney's job at this hearing is to secure release on the best possible terms and to keep every resolution open.

Where San Mateo Arraignments Happen

The San Mateo County Superior Court's Criminal Division sits at two courthouses, both of which hear misdemeanor matters. Which one hears your case is on your citation or arraignment notice.

Hall of Justice — Redwood City (Southern Branch)

400 County Center, Redwood City, CA 94063. The county's main criminal courthouse.

Northern Branch — South San Francisco

1050 Mission Road, South San Francisco, CA 94080. The county's northern courthouse.

San Mateo County Superior Court, Criminal Division — the exact department and phone are listed on your citation or arraignment notice. See the San Mateo County criminal defense overview.

Do You Have to Appear?

Often, no. Under California Penal Code 977, for most misdemeanors your attorney can appear on your behalf without you being personally present — including at the arraignment. That means you may not have to take a day off work or travel to court for the early hearings.

There are exceptions. Certain domestic violence charges and some DUI proceedings can require your personal appearance. Your attorney will tell you exactly which hearings you must attend.

What Comes Next

After arraignment, a misdemeanor is set for a pretrial conference. This is where the real work happens: your attorney and the San Mateo County District Attorney negotiate, and motions are filed and argued. Most cases resolve here — through a reduction, a diversion grant, or a dismissal — without ever reaching trial.

If the case does not resolve at the pretrial stage, it proceeds to trial, and to sentencing only if there is a conviction. The paths to a dismissal (San Francisco guide) are worth understanding early.

Diversion Starts Here

For many first-time misdemeanor clients, the best outcome is diversion — completing conditions instead of taking a conviction, with the case dismissed at the end. The time to raise it is at or near arraignment. In San Mateo County the options include:

  • Judicial misdemeanor diversionPenal Code 1001.95, for most misdemeanors.
  • Mental health diversionPenal Code 1001.36.
  • San Mateo County collaborative courts — Drug Court, Military Diversion (a pre-trial program for service members and veterans), the Pathways Program mental health treatment court, and Veterans Treatment Court.

Which door fits depends on the charge and your background — that's the first thing worth sorting out.

Cost

ASH Legal handles San Mateo County misdemeanors on a flat fee starting at $3,500 — one number covering arraignment, court appearances, negotiation with the DA, motions, and resolution. No hourly billing. Payment plans available. DUI matters are quoted separately. How fees work.

Free 30-Minute Consultation

Have a San Mateo County arraignment coming up? Tell me the charge and the court date. I'll tell you whether I can appear for you, what to expect, and whether diversion applies.

(510) 545-6515

ahmed@ashlegal.com

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Frequently Asked Questions

Where is a misdemeanor arraignment held in San Mateo County?

San Mateo County criminal matters are heard by the Superior Court's Criminal Division, which sits at two courthouses: the Hall of Justice (Southern Branch) at 400 County Center, Redwood City, and the Northern Branch at 1050 Mission Road, South San Francisco. Which courthouse hears your arraignment is stated on your citation, bail notice, or court paperwork.

What actually happens at an arraignment?

The arraignment is your first court appearance. The judge informs you of the charges and your constitutional rights, and you enter a plea — typically not guilty at this stage so your attorney can review the evidence. The judge also addresses custody: releasing you on your own recognizance (OR) or setting bail. The case is then set for a pretrial conference.

Do I have to appear at my San Mateo County arraignment?

For most misdemeanors, California Penal Code 977 lets your attorney appear on your behalf without you being personally present, so you may not have to miss work or travel. Some matters — certain domestic violence charges and some DUI proceedings — can require your personal appearance. Confirm with your attorney which applies to your case.

What happens after the arraignment in San Mateo County?

After arraignment, a misdemeanor is set for a pretrial conference, where your attorney and the District Attorney negotiate — this is where most cases resolve, often through a reduction, diversion, or dismissal. If the case does not resolve, it proceeds to trial and, if necessary, sentencing.

Can my case be diverted at arraignment in San Mateo County?

Yes. Judicial misdemeanor diversion under Penal Code 1001.95 and mental health diversion under Penal Code 1001.36 are available in San Mateo County, and the county also runs collaborative courts — Drug Court, Military Diversion, the Pathways Program mental health treatment court, and Veterans Treatment Court. Raising eligibility at or near arraignment is the best time to start.

GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.