An arraignment is typically your first formal court appearance after being arrested and charged with a crime. It's a crucial step in the criminal justice process where several important things happen.
What Happens at an Arraignment
During your arraignment, the court will:
- Read the charges against you – The judge or clerk will formally state what crimes you're accused of
- Advise you of your rights – Including your right to an attorney
- Ask for your plea – You'll enter a plea of guilty, not guilty, or no contest
- Address bail – The judge may set, modify, or continue your bail
- Set future court dates – Schedule preliminary hearings or trial dates
Understanding Your Plea Options
Not Guilty
This is the most common plea at arraignment. Pleading not guilty:
- Does not mean you're claiming innocence
- Preserves all your rights and defenses
- Gives your attorney time to review evidence
- Allows for plea negotiations later
Most attorneys recommend pleading not guilty at arraignment, even if you plan to negotiate a plea deal later.
Guilty
Pleading guilty means you admit to the charges. This:
- Waives your right to a trial
- Allows the judge to sentence you immediately or schedule sentencing
- Creates a conviction on your record
You should rarely plead guilty at arraignment without first consulting an attorney and reviewing all evidence.
No Contest (Nolo Contendere)
A no contest plea means you're not admitting guilt but accepting punishment. The key difference from a guilty plea:
- Cannot be used against you in a civil lawsuit
- Has the same criminal consequences as a guilty plea
Almost always plead "not guilty" at your arraignment. This keeps your options open and gives your attorney time to investigate your case, review evidence, and negotiate with prosecutors.
Bail at Arraignment
The judge may address bail at your arraignment by:
- Setting bail if you're still in custody
- Reducing bail if requested by your attorney
- Adding conditions such as no contact orders or travel restrictions
- Revoking bail in serious cases
Factors affecting bail include the severity of charges, your criminal history, flight risk, and ties to the community.
How to Prepare for Your Arraignment
- Hire an attorney beforehand if possible
- Dress appropriately – Business casual is recommended
- Arrive early – At least 30 minutes before your scheduled time
- Bring identification and any court paperwork you received
- Turn off your phone before entering the courtroom
- Be respectful – Address the judge as "Your Honor"
What to Say (and Not Say)
Do:
- State your plea clearly when asked
- Answer the judge's questions directly
- Say "Your Honor" when addressing the judge
Don't:
- Discuss the facts of your case
- Argue with the judge or prosecutor
- Make statements that could be used against you
- Interrupt anyone speaking
If You Can't Afford an Attorney
If you cannot afford to hire a private attorney, you have the right to a court-appointed lawyer (public defender). At your arraignment:
- Tell the judge you need a court-appointed attorney
- You may need to fill out a financial affidavit
- The judge may continue your case to allow time to get an attorney
Have an Upcoming Arraignment?
Having an attorney at your arraignment can make a significant difference in your case.
Find an Attorney Now →What Happens After Arraignment
After your arraignment, your case may proceed to:
- Preliminary hearing – Where the prosecution must show probable cause
- Pre-trial motions – Your attorney may file motions to suppress evidence or dismiss charges
- Plea negotiations – Discussions between your attorney and the prosecutor
- Trial – If no plea agreement is reached