What Happens at an Arraignment?

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An arraignment is the first step in the formal court process after criminal charges are filed. It serves several important purposes.

What happens:

Charges are read. The judge or clerk reads the formal charges (indictment or criminal complaint) so you know exactly what you are accused of.

Rights are explained. The judge informs you of your constitutional rights, including the right to counsel, the right to a jury trial, and the right to remain silent.

Plea is entered. You enter a plea:

- Not guilty — The most common plea at arraignment. It preserves your rights and allows your attorney to investigate the case.

- Guilty — You admit to the charges. The judge may proceed to sentencing.

- No contest (nolo contendere) — You do not admit guilt but accept the conviction. This cannot be used against you in a related civil case.

Bail is addressed. The judge sets bail, modifies existing bail, or releases you on your own recognizance.

Future dates are set. The court schedules preliminary hearings, pretrial conferences, or trial dates.

Timing. If you are in custody, the arraignment typically occurs within 48-72 hours of arrest. If you were released after booking, the arraignment may be scheduled weeks later.

Attorney. You have the right to have an attorney present. If you do not have one, the court will ask whether you can afford one. If not, a public defender will be appointed, sometimes at the arraignment itself.

Preparation. Your attorney should have a bail argument ready and an understanding of the charges.

This is legal information, not legal advice.