What Happens At an Arraignment?

An arraignment happens between the arrest or citation and the trial. It is the first time the defendant will appear in court and be given a chance to enter their plea for the charges against them and to ask to be released until the trial.

The arraignment process varies a little between states; in some states, you may not receive an arraignment unless you are charged with a felony. Most states will provide arraignments for defendants who may be incarcerated if they are found guilty.

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When Is the Arraignment?

The law only requires an arraignment to happen a reasonable period after the arrest. Often the courts are busy, so this may be a few months after your arrest. It is left to the judge’s discretion to consider if the time between arrest and arraignment is reasonable.

Your criminal defense attorney may file a complaint and ask for the case to be dismissed if the delay is too long. This is because the 6^th Amendment gives people the right to a quick trial, and the defendant will often be incarcerated until the arraignment. If your criminal defense lawyer files a complaint, the judge will review the circumstances that caused the delay and make a decision.

What to Expect At an Arraignment

The process is not always the same, but there are a number of steps that will occur at most arraignments.

You will be advised of your rights

The court will advise all criminal defendants of their rights. They may do this during the arraignment, or sometimes the court will gather all defendants in the courthouse and advise them of their rights in one sitting before their arraignment.

Your rights are:

- The right to legal counsel
- The right against self-incrimination
- The right to a trial

A defendant does not need to have a lawyer present at their trial, even though they have a legal right to one. We recommend all criminal defendants request a criminal defense attorney. If you cannot afford to hire your own, the court must provide a public defender to you. You should seek legal counsel the minute you are arrested on suspicion of a crime. Your criminal defense lawyer or public defender will advise you of your rights, explain the legal processes, and protect your rights. They will ensure you receive a fair trial and help explain the evidence against you and what your options are.

You will hear the charges against you

The court will read the charges against you, and in some cases, you may be able to obtain a copy of the charging documents for your legal preparation. Once the court reads the charges, you will be asked to enter a plea.

You will be asked to enter a plea

After the charges have been read, the judge will ask you how you plead to the charges. You have three options:

1. Not guilty – Your criminal defense lawyer will suggest this plea in most cases. By pleading not guilty, your case will move to trial, where the prosecutor must prove through evidence and witness statements that you are guilty beyond a reasonable doubt. The decision of your guilt will be made by a jury, but often the judge will still decide on a sentence. By pleading not guilty, you and your legal team will have access to the evidence the prosecutor is gathering ahead of the trial so that you can prepare an adequate defense.
2. Guilty – A guilty plea means that you are admitting that you are guilty, and you will not receive a trial. The court will either make a sentencing decision at the arraignment or they will set a sentencing hearing to decide the sentence at a later date. Your criminal defense lawyer will be able to tell you what the advantages and disadvantages are of entering a guilty plea. In some circumstances, you may be able to negotiate a reduced sentence with the prosecutor in exchange for a guilty plea.
3. No contest – This plea is not quite a guilty plea, but it is treated as a guilty plea in the sense that while you are not admitting guilt, your case will proceed straight to sentencing. You would plead no contest if the evidence is overwhelming against you. If you were to plead guilty to a crime, then victims of your crime may be able to file civil lawsuits against you. If you were to plead no contest, then this cannot happen. The plea cannot be used against you in the future, but you want to avoid a trial.

The court will set pre-trial release conditions

Once you have entered your plea, the court will decide whether you will be released until your trial or if you will be in prison until your trial. The prosecutor and your criminal defense lawyer can present evidence to the court regarding whether you should or not.

The court will consider a number of factors, like whether you are at risk of fleeing the county or state and if you pose a danger to the community. They will look at your criminal history, the severity of the charges against you, and your mental health to determine if you are a danger. They will look at your community ties like a job, local family and friends, and if you own property in the area to see if you are a flight risk.

If the court decides to release you pending trial, they may set a number of conditions on your release. These are to ensure you do show up to court or that you do not commit additional crimes before your trial.

The best-case scenario is an ROR or release under own recognizance. This means that you have been released, and you are trusted to get yourself to court proceedings and the trial. ROR is usually saved for minor crimes or first-time offenders of minor crimes. The court may still impose conditions on ROR, like travel bans, no contact with witnesses, or drug testing.

The court will often set a bond for the defendant’s release. This means they have to pay a sum of money to the court that will only be returned after the trial. The bond amount is calculated based on the financials of the defendant and is set high enough to be a financial incentive not to miss trial.

Alternatively, the court may set a supervised release where the criminal defendant must regularly check in with their supervising officer. This could require drug testing and random checkups, as well as mandated reporting. It is very similar to the probation program, and violating the requirements of the supervisory program would put the defendant in prison until their trial.

Can Arraignment Proceedings Be Waived?

The defendant can waive the arraignment proceedings if they wish, but it is recommended that the defendant discuss this with their criminal defense lawyer before making a decision. A waiver needs to be submitted in writing to the court. Your criminal defense lawyer may be able to submit a request for ret-trial release at the same time. The court will decide whether to make a decision right away or to set a hearing where the prosecutor and defense lawyer can present arguments about pre-trial release.