{"id":352239,"date":"2023-08-16T13:58:35","date_gmt":"2023-08-16T18:58:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/arraignment.html"},"modified":"2025-05-12T13:58:00","modified_gmt":"2025-05-12T18:58:00","slug":"arraignment","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/arraignment.html","title":{"rendered":"What Is an Arraignment Hearing?"},"content":{"rendered":"\n
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What Is an Arraignment Hearing?<\/h1>\n\n
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\n By Sarah Williams, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

An arraignment is a first appearance signifying the start of the criminal trial process. This hearing typically covers bail, your rights as a defendant, and your plea. <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The arraignment comes shortly after a defendant’s arrest and booking<\/a>, often combined with a bail hearing<\/a>. The arraignment is typically the first court date for defendants who were not arrested but served with a summons<\/a> or citation<\/a>.<\/p>\n\n\n\n

A judge will read the charges against the defendant at this court appearance. If bail has not yet been set, it’s addressed at the arraignment court hearing. After the judge informs a defendant of their rights, the defendant or their lawyer will enter a plea to the charges.<\/p>\n\n\n\n

In felony cases, the arraignment is sometimes delayed until after a grand jury returns an indictment. The exact process and rules may differ from state to state. But the basic structure of an arraignment hearing is the same for all defendants.<\/p>\n\n\n\n

The arraignment is a critical early step in a criminal case. Getting a lawyer’s advice right away can give you a strong start. Find an experienced criminal defense lawyer<\/a> to discuss the charges and how to best respond to protect yourself.<\/p>\n\n\n\n

What Happens in the Arraignment Process<\/h2>\n\n\n\n

This process usually occurs in a courtroom. Sometimes arraignments happen in a particular room inside the jail or even through a video feed.<\/p>\n\n\n\n

The arraignment is often the first time a defendant sees a judge in their case. The defendant may have an attorney. If they do not, the court can appoint a lawyer for them. Either way, the judge will inform the defendant of important trial rights before proceeding.<\/p>\n\n\n\n

The defendant is then given a copy of the criminal complaint filed with the court. This is a document listing the criminal charges against the defendant. The criminal complaint also includes a summary of facts explaining the probable cause to charge the defendant.<\/p>\n\n\n\n

A judge will ask the defendant whether they understand the criminal charges against them. At this stage in the court proceedings, it doesn’t matter whether the defendant agrees with the charges. Do not argue the facts of the case. Or make statements that will count against you. The judge isn’t allowed to consider any evidence at this hearing.<\/p>\n\n\n\n

Next, the defendant will plead to the charges. There are three options: guilty, not guilty, or no contest<\/a>. A plea of no contest (nolo contendere) is rare. It means the person does not agree that they committed a crime but is willing to accept a conviction. Most defendants enter a “not guilty” plea. Any other plea could end the criminal trial process on the spot.<\/p>\n\n\n\n

Upon a not-guilty plea, the judge will decide on bail<\/a>. This is a conditional release pending a jury trial. A defendant’s options include release on their own recognizance<\/a>, or a judge may set bail. Other times, the defendant may return to jail until the trial. A judge will issue a bench warrant<\/a> if you fail to appear for future court dates.<\/p>\n\n\n\n

How the Arraignment Process Vaires by State<\/h2>\n\n\n\n

Criminal laws vary between jurisdictions. Some states require the following:<\/p>\n\n\n\n