Rule 3.1.2
Arraignment Options on Misdemeanors and Infractions
Attorneys appearing in propria persona or who are retained to represent defendants charged with misdemeanors
or infractions may, in lieu of a court appearance, arraign matters informally, at the counter or by fax, if the attorney, as authorized by the defendant, enters a plea of not guilty and waives time for trial. These arraignment options are not available for:
- Defendants in custody on this or any other matter.
- Cases charging child abuse, which includes Penal Code sections 273a and 647.6, and other offenses where the
victim is a minor.
C. Cases charging domestic violence, as defined under Penal Code section 1203.097 (where the victim is the defendant’s spouse or former spouse, cohabitant or former cohabitant, parent, grandparent, sibling, child or grandchild, a person with whom the defendant is having or had a dating or engagement relationship, or a person with whom the defendant has had a child).
D. Cases charging an offense requiring registration under Penal Code section 290. 3
E. Cases prosecuted by the consumer fraud or code enforcement divisions of the San Diego City Attorney’s Office.
- Cases on which a victim has elected to exercise the right to be present at the arraignment.
- Cases on which any previously posted cash bail or bond has been forfeited.
Attorneys using the counter arraignment option must personally appear in the clerk’s office. Attorneys who
arraign a defendant pursuant to this rule, at the counter or by fax, must abide by the additional rules and criteria set forth in the Misdemeanor and Infraction Counter/Fax Arraignment Criteria (SDSC Form #CRM-140) and Misdemeanor and Infraction Counter/Fax Arraignment Form (SDSC Form #CRM-141). The clerk will assign a trial readiness and/or trial date as directed by the court.
(Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 7/1/2002; Rev. & Renum. 1/1/2006; Rev. 1/1/2007; Rev. 1/1/2011; Rev. 1/1/2016; Rev. 1/1/2025)
