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What an arraignment does in a criminal case

It is an early court appearance where a defendant hears the charges, learns key rights and is generally asked to enter a plea.

Deshawn Carter

By Deshawn Carter · Sports Writer

4 min read

An arraignment is an early criminal-court appearance where the defendant hears the charges and is generally asked to enter a plea. The court may also explain rights, arrange counsel, address release and set the next court date.

The details, timing and even the labels used for the hearing vary among federal, state and local courts.

What happens at an arraignment?

Cornell Law School’s Legal Information Institute defines arraignment as the first step in a criminal proceeding where a defendant appears before the court to hear the charges and enter a plea.

In California, courts say the judge tells the defendant the charges and constitutional rights. Those rights include counsel, remaining silent, a speedy trial, a jury trial, calling defense witnesses and questioning prosecution witnesses.

  1. Charges and rights: The defendant is told what the case alleges and informed of applicable rights.
  2. A lawyer: In California, the court can appoint a lawyer at no cost for a defendant who cannot afford one.
  3. A plea: California lists guilty, not guilty and no contest as common pleas. Plea options and procedures can differ by jurisdiction.
  4. Release conditions: Depending on the court and case, a judge may address bail, release, supervision or other pending-trial conditions.
  5. The next date: The court may schedule the next hearing if the case continues.

California also requires a free interpreter for a defendant who does not understand English. If an interpreter is unavailable, the court sets a new arraignment date.

A not-guilty plea does not resolve the case

A not-guilty plea gives the defendant a formal way to contest the charges while the case proceeds. King County, Washington, says most defendants enter that plea at arraignment because it gives them time to meet with an attorney and prepare a defense; it does not prevent a later guilty plea or a verdict after trial.

Bail and other conditions may be on the table

For a person in custody, California courts list possible outcomes including release on a promise to return, supervised release, bail or continued detention. The guide says judges consider factors including the type of alleged crime, public safety and the likelihood that the person will fail to appear in court.

California courts also say a criminal protective order may require a defendant to stay away from a victim or witness and that person’s family. King County lists possible pending-trial conditions including no contact with victims or witnesses, no weapons and no new criminal-law violations.

In the federal process described by the Department of Justice, a judge considering bail hears facts that can include local residence, family nearby, criminal record, witness threats and potential danger to the community.

Timing is not one-size-fits-all

The Justice Department says that, in the federal process it describes, a defendant who has been arrested and charged appears before a magistrate judge for an initial hearing on the same day or the next day. That hearing covers rights and charges, arrangements for an attorney, a release decision and a guilty-or-not-guilty plea.

King County describes a different local schedule, with an arraignment set two weeks after charges are filed. Check the rules and notices for the court handling the case.

What comes next?

After a not-guilty plea, California says the usual next hearing is a pretrial conference in a misdemeanor case and a preliminary hearing in a felony case. Those are California procedures, not a national rule.

California Courts advises defendants to speak with a lawyer before entering a guilty or no-contest plea, and before waiving time, meaning giving up a deadline for a later stage of the case.

Frequently asked questions

What happens if someone pleads not guilty at an arraignment?

The case continues to a later stage. King County says a not-guilty plea gives a defendant time to meet with an attorney and prepare a defense, and does not bar a later guilty plea or a trial verdict. In California, the usual next hearing is a pretrial conference for a misdemeanor and a preliminary hearing for a felony.

Can a judge set bail at an arraignment?

It depends on the court and case, but bail or release conditions may be addressed at arraignment. California lists release on a promise to return, supervised release, bail and continued custody among the possible outcomes for a person in custody.

Should a defendant have a lawyer before entering a plea at arraignment?

California Courts advises speaking with a lawyer before entering a guilty or no-contest plea, or before waiving time. Its guide also says a court can appoint a lawyer at no cost for a defendant who cannot afford one.

Sources