If you have been arrested or formally charged with a crime, an arraignment may be one of your first court appearances. Understanding what happens at an arraignment can make the process less confusing and help you recognize the importance of decisions made at this early stage of a criminal case.
An arraignment is generally the court proceeding where the defendant is formally informed of the criminal charges and asked to enter a plea. In federal court, Rule 10 of the Federal Rules of Criminal Procedure provides that the arraignment must occur in open court and requires the court to ensure the defendant has a copy of the indictment or information, state or read the charges, and ask the defendant to plead.
State criminal procedures can be different. Some jurisdictions combine several early proceedings, while others handle the initial appearance, bail hearing, preliminary hearing, and arraignment separately. Because of these differences, defendants should rely on the rules of the court handling their particular case.
What Is an Arraignment?
An arraignment is a formal stage of a criminal prosecution.
The U.S. Courts glossary defines an arraignment as a proceeding where a criminal defendant is brought before the court, informed of the charges contained in an indictment or information, and asked to enter a plea.
In simple terms, the arraignment generally establishes three important things:
The defendant knows what criminal charges have been filed, the court determines how the defendant will plead to those charges, and the case begins moving toward later stages such as discovery, motions, plea negotiations, or trial.
An arraignment is not the same thing as a criminal trial. Witnesses generally are not called to prove whether the defendant committed the offense, and the court normally does not decide guilt or innocence at this stage.
If you are trying to understand how an arraignment fits into the broader criminal process, our guide explaining what happens after you are arrested provides an overview of the steps that can occur after an arrest.
What Happens at an Arraignment?
Although procedures vary, several events commonly occur during an arraignment.
The Court Confirms the Defendant’s Identity
The court may begin by confirming basic information about the defendant.
This helps ensure that the correct person is appearing in connection with the criminal case.
The judge or court staff may confirm information such as the defendant’s name and the case being called.
The Defendant Is Informed of the Charges
One of the central purposes of arraignment is making sure the defendant understands what charges have been formally filed.
The Sixth Amendment protects an accused person’s right to be informed of the nature and cause of the accusation.
Under Federal Rule of Criminal Procedure 10, the court must ensure that the defendant has a copy of the indictment or information before asking for a plea. The court must also read the indictment or information to the defendant or state the substance of the charges.
State procedures may use different terminology or documents.
For example, criminal charges could potentially be brought through a complaint, information, or indictment depending on the jurisdiction and type of case.
The Defendant Is Asked to Enter a Plea
Entering a plea is one of the most important parts of the arraignment.
In federal criminal proceedings, Rule 11 recognizes three possible pleas: not guilty, guilty, or—with the court’s consent—nolo contendere, commonly called no contest.
State law may provide somewhat different plea procedures.
A defendant should understand the consequences of any plea before making this decision.
Not Guilty Plea
Entering a not guilty plea generally means the defendant is requiring the prosecution to continue proving its case and is preserving the opportunity to challenge the allegations.
A not guilty plea does not necessarily mean the case will ultimately go to trial.
After arraignment, a defendant and attorney may continue reviewing evidence, filing motions, negotiating with prosecutors, and evaluating later plea offers.
A plea may potentially change later when permitted by law and approved through the required court procedures.
Guilty Plea
A guilty plea is far more significant than simply acknowledging that charges exist.
When a defendant pleads guilty, the defendant generally gives up important trial rights.
Federal Rule 11 requires the court to address the defendant before accepting a guilty or no-contest plea and to ensure that the plea is voluntary and that the defendant understands important rights and consequences.
Because a guilty plea can have serious and sometimes long-term consequences, defendants should carefully discuss the decision with an attorney before pleading guilty.
No Contest Plea
A no-contest plea, formally known as nolo contendere, means the defendant does not contest the criminal charge.
In federal court, such a plea requires the court’s consent.
Whether no-contest pleas are available and what consequences they carry can differ under state law.
Is an Arraignment the Same as an Initial Appearance?
Not necessarily.
This distinction causes considerable confusion because courts and jurisdictions may use different procedures.
In federal court, an initial appearance is governed primarily by Rule 5, while an arraignment is governed by Rule 10.
Federal Rule 5 generally requires an arrested defendant to be brought before a magistrate judge without unnecessary delay.
At the initial appearance, matters involving the charges, rights, representation, and release or detention may be addressed. The U.S. Department of Justice explains that at an initial federal hearing, the defendant learns about the charges and rights, arrangements may be made for legal representation, and the judge may determine whether the defendant will remain detained or be released pending further proceedings.
The arraignment focuses more specifically on formally presenting the charges and obtaining the defendant’s plea.
However, some courts may conduct these proceedings close together or combine certain functions. State procedures can differ substantially.
Will Bail Be Decided at the Arraignment?
Possibly, but not necessarily.
Release or detention may already have been addressed during an earlier initial appearance or bail hearing.
In some state court systems, bail may be considered or reconsidered during arraignment. A judge may also review existing release conditions.
Depending on applicable law and the circumstances, release conditions can potentially involve restrictions such as travel limitations, no-contact orders, reporting requirements, firearm restrictions, or other conditions.
Defendants should not assume that bail will automatically be decided for the first time at arraignment.
The timing and procedures surrounding release decisions depend heavily on the jurisdiction.
Do You Need a Lawyer at an Arraignment?
Legal representation can be especially important during the early stages of a criminal prosecution.
The Sixth Amendment protects the right to assistance of counsel in criminal prosecutions. Federal Rule of Criminal Procedure 44 provides that a defendant who is unable to obtain counsel is entitled to appointed counsel from the initial appearance through appeal unless that right is properly waived.
The constitutional right to counsel at different stages of state criminal proceedings involves additional case law and jurisdiction-specific rules.
An attorney can help a defendant understand the charges, possible penalties, plea options, release conditions, deadlines, and what should happen next.
If you are deciding between appointed and retained representation, see our guide to public defender vs. private attorney.
If you are considering private representation and are concerned about expense, our article explaining criminal defense lawyer cost covers common fee structures and factors that affect legal fees.
What If You Cannot Afford a Criminal Defense Lawyer?
Defendants who cannot afford private representation may qualify for court-appointed counsel.
Eligibility rules depend on the court system, the charges, the potential consequences, and the defendant’s financial circumstances.
In the federal system, the judiciary provides defense services for financially eligible individuals entitled to appointed counsel. Federal defenders and attorneys appointed under the Criminal Justice Act provide representation in qualifying cases.
State public-defense programs establish their own eligibility procedures.
A defendant who believes private representation is unaffordable should not simply appear in court and assume there are no options. The defendant should ask about the procedure for applying for appointed counsel.
What Documents Are Discussed at an Arraignment?
The charging document depends on the case.
In federal criminal proceedings, an arraignment under Rule 10 involves an indictment or information.
An indictment is generally a formal criminal accusation issued through the grand jury process. An information is another type of formal charging document filed by prosecutors.
Federal Rule 7 generally requires prosecution by indictment for offenses punishable by death or imprisonment for more than one year, subject to constitutional and procedural exceptions, including waiver of indictment in certain circumstances.
State charging procedures may be considerably different.
Understanding exactly what document has been filed against you is important because it identifies the offenses the prosecution alleges.
Does the Prosecutor Present Evidence at the Arraignment?
An arraignment generally is not the proceeding where the prosecutor presents the entire criminal case.
The prosecution normally does not need to call all witnesses or introduce all evidence merely to obtain a plea at arraignment.
Evidence becomes increasingly important as the case proceeds through discovery, motions, hearings, negotiations, and potentially trial.
In federal criminal cases, Rule 16 governs important aspects of discovery between the government and the defense.
Discovery can give the defense access to certain evidence relevant to preparing the case.
Depending on the allegations, evidence could include police reports, recordings, photographs, digital records, laboratory results, witness statements, or other materials.
Can Charges Be Dismissed at an Arraignment?
An arraignment does not ordinarily exist for the purpose of deciding whether the defendant is guilty or whether all charges should be dismissed.
Dismissal may occur at various points in a criminal prosecution when legally appropriate, but defendants should not expect the charges to disappear simply because they attended an arraignment.
Potential challenges to the prosecution’s case may arise later through motions, evidentiary disputes, constitutional challenges, negotiations, prosecutorial decisions, or other procedures.
A criminal defense lawyer can evaluate whether there are legitimate grounds for challenging a particular charge.
Can Charges Change After the Arraignment?
Potentially.
The charges initially presented at arraignment are not necessarily guaranteed to remain unchanged for the entire case.
Depending on the jurisdiction and circumstances, prosecutors may seek to amend charges, file additional charges, dismiss counts, obtain a superseding indictment, or resolve charges as part of negotiations.
Any changes must comply with applicable criminal procedure and constitutional requirements.
This is one reason defendants should keep communicating with their lawyers rather than assuming that the first charging document tells the complete story of how the case will ultimately proceed.
How Long Does an Arraignment Take?
There is no universal length for an arraignment.
A straightforward arraignment may be relatively brief, while a hearing involving several defendants, attorney issues, release disputes, unusual charges, or other procedural matters can take longer.
Defendants should also distinguish between the amount of time actually spent before the judge and the total amount of time spent at the courthouse.
Waiting for a case to be called may take substantially longer than the hearing itself.
Court schedules and procedures vary by jurisdiction.
Do You Have to Personally Attend the Arraignment?
Often, yes, but there are exceptions.
Federal Rule of Criminal Procedure 43 generally requires the defendant to be present at the initial arraignment and plea unless another rule permits an exception.
Federal Rule 10 also permits certain arraignments to occur by video teleconference when the defendant consents, and it allows arraignment to be waived under specified circumstances.
For example, Rule 10 allows a defendant’s presence to be waived when the defendant provides a written waiver that meets the rule’s requirements and pleads not guilty.
State rules can differ significantly.
A defendant should never assume an appearance is optional merely because an attorney has been hired.
Follow the instructions contained in court notices and ask your lawyer whether personal attendance is required.
What Happens If You Miss Your Arraignment?
Failing to appear for a required criminal court date can create additional legal problems.
Depending on the jurisdiction, the court may issue a warrant, revoke or modify release conditions, address bail, or impose other consequences allowed by law.
If an emergency makes attendance impossible, the defendant should contact the attorney handling the case immediately and follow applicable court procedures.
Simply ignoring an arraignment date can make an already serious legal situation more complicated.
What Should You Say at an Arraignment?
An arraignment is not generally the appropriate place for a defendant to provide a lengthy explanation of what happened.
Statements made during criminal proceedings can have legal consequences.
A defendant represented by counsel should ordinarily allow the attorney to guide communications with the court and advise the defendant when a personal response is required.
The right to remain silent and other protections surrounding criminal questioning can be complicated. Our guide explaining your rights when questioned or arrested by police provides additional background.
A defendant should avoid treating the arraignment as an opportunity to argue the entire case without first obtaining legal advice.
Should You Plead Guilty at Your First Arraignment?
This decision should not be made casually.
A guilty plea can result in a criminal conviction and may involve consequences extending beyond jail or fines.
Depending on the crime and jurisdiction, a conviction can potentially affect employment, professional licensing, immigration status, driving privileges, firearm rights, housing, probation obligations, and future criminal sentencing.
Federal Rule 11 therefore requires substantial safeguards before a federal court accepts a guilty plea, including determining that the plea is voluntary and that the defendant understands important rights and consequences.
Anyone considering pleading guilty should understand the evidence, available defenses, potential penalties, collateral consequences, and possible alternatives before making the decision.
What Happens After an Arraignment?
Once the arraignment has been completed and a plea has been entered, the criminal case continues.
If the defendant pleads not guilty, the next phase may involve discovery, investigation, pretrial motions, negotiations, hearings, and trial preparation.
The court may establish deadlines for motions and other filings.
The defense attorney may review evidence provided by prosecutors and investigate issues relevant to the defense.
Attorneys may also discuss the possibility of resolving the case through a negotiated plea.
If no resolution occurs, the case may eventually proceed to trial.
The exact path depends on the charges, evidence, jurisdiction, court calendar, and decisions made by the prosecution and defense.
For a broader explanation of these stages, see our guide to criminal defense laws.
What Happens at an Arraignment for a Felony?
Felony procedures vary considerably among state and federal courts.
In federal court, offenses punishable by more than one year of imprisonment generally must be prosecuted by indictment unless an applicable exception or valid waiver applies.
Once formally charged, the defendant may be arraigned on the indictment and asked to plead.
State felony cases may involve additional procedures before or after arraignment, such as preliminary hearings or grand jury proceedings.
Because felony convictions can carry serious penalties, defendants should understand both the classification of the offense and the potential consequences.
Our guide explaining felony vs. misdemeanor discusses the general differences between these two classifications.
What Happens at an Arraignment for a Misdemeanor?
Misdemeanor procedures can be different from felony procedures.
Some misdemeanor cases move through the court system relatively quickly, while others involve extensive litigation.
A misdemeanor arraignment may involve advising the defendant of the charges, discussing counsel, entering a plea, addressing release conditions where appropriate, and scheduling future proceedings.
The fact that an offense is classified as a misdemeanor does not necessarily mean it should be taken lightly.
Possible consequences vary by state and offense and may include incarceration, probation, fines, license restrictions, or a criminal record.
What Should You Do Before an Arraignment?
The most useful preparation is usually understanding the case and communicating with legal counsel.
Before the court date, confirm exactly when and where you must appear. Review any documents you received after arrest or release. Make sure your attorney has relevant paperwork and information. Discuss the charges and possible plea with counsel before entering the courtroom.
You should also follow all release conditions that are already in place.
Avoid contacting alleged victims or witnesses when a court order or release condition prohibits contact, and avoid discussing details of the pending criminal case publicly or on social media without considering the potential legal consequences.
If you have not yet hired counsel, our guide on questions to ask before hiring a criminal defense attorney can help you evaluate potential representation.
Frequently Asked Questions About What Happens at an Arraignment
What happens at an arraignment?
At an arraignment, the defendant is generally formally informed of the criminal charges and asked to enter a plea. Depending on the jurisdiction, the court may also address representation, scheduling, or release-related matters.
Do you go to jail at an arraignment?
Not automatically. Whether a defendant remains free or is detained depends on applicable bail and detention laws, prior release decisions, the charges, compliance with release conditions, and other case-specific factors.
Can you be released after an arraignment?
Possibly. Release decisions depend on the jurisdiction and circumstances. In some cases, release or detention has already been addressed at an earlier hearing.
Is an arraignment a trial?
No. An arraignment is an early procedural hearing. The court generally does not determine guilt or innocence at arraignment.
Will witnesses testify at an arraignment?
Usually, the purpose of arraignment is not to conduct a full evidentiary trial. Whether testimony is taken on another issue depends on local procedure and what matters are being heard at the same time.
What plea should you enter at an arraignment?
The appropriate plea depends on the individual case. A defendant should understand the charges, evidence, possible penalties, defenses, and consequences before deciding. Legal advice from a qualified criminal defense attorney can be important.
Can you change your plea after arraignment?
In some circumstances, yes. Procedures for changing a plea depend on applicable law, the type of plea, timing, and court approval.
Can a public defender represent you at arraignment?
Yes, when a defendant qualifies for appointed representation and applicable law provides the right to counsel. Procedures for assigning a public defender or other appointed attorney vary by jurisdiction.
Can an attorney attend an arraignment for you?
Sometimes, but defendants should never assume they can skip court. Federal and state rules regarding personal appearance vary, and court approval may be required.
What comes after arraignment?
After a not-guilty plea, the case may proceed through discovery, investigation, pretrial motions, plea negotiations, hearings, and potentially trial.
Why Understanding the Arraignment Matters
Knowing what happens at an arraignment helps defendants understand that the hearing is more than a routine court appearance. The charges are formally addressed, a plea is entered, and the case begins moving toward later stages of the criminal process.
At the same time, an arraignment is usually not the place where guilt or innocence is finally determined.
The decisions made at this point can nevertheless affect how the case moves forward. Defendants should understand the charges, avoid making uninformed statements, comply with court orders, and obtain legal advice when possible.
Criminal procedure differs considerably between federal courts and individual states. The exact procedure in one jurisdiction should not be assumed to apply in another.
Legal Note: This article provides general educational information and is not legal advice. Arraignment procedures, plea rules, bail laws, court-appointed counsel requirements, deadlines, and criminal laws vary by state and jurisdiction. Anyone facing criminal charges should consult a qualified criminal defense attorney licensed in the jurisdiction where the case is being handled.