What to Expect During an Arraignment

Facing criminal charges is stressful and confusing, especially if it’s your first time in court. One of the earliest and most important steps in the criminal process is the arraignment. Understanding what happens at an arraignment can help reduce uncertainty and allow you to prepare.

Here’s what you can generally expect:

It’s Usually Brief

An arraignment isn’t a trial. It’s often a short court appearance where the judge reads the formal charges against you. Depending on the courthouse and the caseload, you might spend hours waiting for your turn, but the actual time before the judge is usually only a few minutes.

You’ll Hear the Charges

The judge or clerk will read (or summarize) the criminal charges filed against you. Even if you already know them, this is your formal notice, although you can choose to waive this part after consulting with your attorney.

Entering a Plea

You’ll be asked to enter a plea. The typical options are:

• Not guilty = you’re contesting the charges.
• Guilty = you’re admitting them.
• No contest (nolo contendere) = you’re not admitting guilt, but you won’t fight the charges.

In most cases, especially for serious charges or if you want time to discuss options with an attorney, people plead “not guilty” at the arraignment.

Bail and Release Conditions

One key part of the arraignment is deciding whether you’ll stay in custody or be released while the case is pending. The judge might:

• Release you on your own recognizance (no bail, but with a promise to appear).
• Set bail.
• Release you under supervision or with conditions (like checking in with pretrial services).
• Refuse bail if the crime is very serious or you’re considered a flight risk.

Your attorney can argue for lower bail or release without bail. If you are released on your own recognizances it is crucial that you show up on the next court date, not showing up could place you in jeopardy and further complicate your legal matter.

Future Dates and Next Steps

The judge will set your next court date (for example, a preliminary hearing or pretrial conference). Again, it’s crucial to note this date and make sure you show up. Missing a court date can result in a warrant for your arrest. You do not want that on top of your current legal matter.

Having a Lawyer with You

If you don’t have an attorney yet, the court will usually explain your right to have one. In many places, a public defender will be available at arraignments for those who qualify. Some counties will have someone from the public defender’s office, like a paralegal, ask you a few questions to determine your eligibility for an attorney at no extra charge, for the arraignment, as well as other stages of your case.

If you do have a lawyer, they’ll handle most of the talking. Follow your attorney’s advise and make sure you do not talk over the judge, or interrupt the proceeding as this can result in more legal trouble. Your lawyer will make sure you understand what’s happening and can start working on your defense strategy immediately.

Final Thoughts

An arraignment might feel intimidating, but it’s not the end of your case, it’s actually just the beginning. It’s your first formal step in the court process. Show up on time, dress appropriately, and listen carefully. If you have a lawyer, rely on their advice about how to plead and what to say. And remember, even if things feel overwhelming now, you have rights, and there is time to prepare your defense.

Reach out if you have any questions: (650) 444-6750