Your first court date on a Santa Clara County misdemeanor is the arraignment. Depending on where the case arose, it's at the Hall of Justice in San Jose, the Palo Alto Courthouse, or the South County Courthouse in Morgan Hill.
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 before a judge. The court states the charges the District Attorney has filed, advises you of your constitutional rights, and takes your plea — guilty, not guilty, or no contest. At this stage the plea is almost always not guilty, which keeps every option open while your attorney reviews the evidence.
The judge also decides release: on most misdemeanors, that means release on your own recognizance (OR) rather than bail. Securing release on the best terms is your attorney's first job at this hearing.
Where Santa Clara Arraignments Happen
Santa Clara County hears criminal cases at several courthouses, generally assigned by the city where the offense is alleged to have occurred. The courthouse and department are on your paperwork.
Hall of Justice — San Jose
190 West Hedding Street, San Jose, CA 95110. The county's main criminal courthouse.
Palo Alto Courthouse
270 Grant Avenue, Palo Alto, CA 94306. North-county matters.
South County Courthouse — Morgan Hill
301 Diana Avenue, Morgan Hill, CA 95037. South-county matters.
Do You Have to Appear?
Often, no. Under California Penal Code 977, for most misdemeanors your attorney can appear for you without you being personally present — including at the arraignment. That can spare you a trip to San Jose, Palo Alto, or Morgan Hill for the early hearings.
Exceptions exist — certain domestic violence charges and some DUI proceedings can require your presence. Your attorney will tell you which hearings you must attend.
The Clock After Arraignment
Once you're arraigned, the speedy-trial clock starts: by statute, a misdemeanor trial must generally begin within 30 days if you're in custody, or 45 days if you're out. In practice, the defense often waives time to investigate and negotiate — because most misdemeanors resolve before trial through a reduction, diversion, or dismissal.
The maximum exposure on a misdemeanor is up to one year in county jail and a fine — but for most first-offense cases the realistic outcome is far less, and often no conviction at all. The paths to a dismissal (San Francisco guide) are worth knowing early.
Diversion Starts Here
Santa Clara County has one of California's most developed sets of collaborative courts, and the time to raise eligibility is at or near arraignment:
- Judicial misdemeanor diversion — Penal Code 1001.95.
- Mental health diversion — Penal Code 1001.36.
- Santa Clara collaborative courts — a Drug Treatment Court, a Mental Health Treatment Court, a Veterans Treatment Court, and a Young Adult Deferred Entry of Judgment program for eligible 18-to-21-year-olds.
Which door fits depends on the charge and your background — sorting that out early is the whole game.
Cost
ASH Legal handles Santa Clara 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 Santa Clara 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.
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