Arraignment is the first time you appear before a judge after criminal charges are formally filed. Most people walk in not knowing what to say. Here's what actually happens and what you need to do.
At arraignment, the court formally reads the charges against you and asks how you plead: guilty, not guilty, or — in some jurisdictions — no contest. In most cases, you should plead not guilty at arraignment even if you're considering a plea deal later. Arraignment is not the time to negotiate or explain yourself.
The judge will also address bail — either confirming the amount already set, modifying it, or setting it for the first time if you were released on a citation. If you have an attorney, they do most of the talking. If you're representing yourself, you will be expected to respond directly.
Arraignment is not a trial. Evidence is not presented. Witnesses don't testify. You cannot be convicted at arraignment. The purpose is limited: formal notice of charges, entry of a plea, and bail.
Many defendants arrive at arraignment thinking this is their chance to tell the judge their side. It is not. Saying anything substantive about the facts of your case can only hurt you at this stage. Plead not guilty, address bail if needed, and say nothing about the underlying facts.
The clerk or judge calls your name and case number. You approach the defendant's table. If you're in custody, you'll be brought from holding.
The judge or clerk reads the formal charges from the charging document — the complaint, information, or indictment. This is the official notification of what you're accused of.
The judge asks how you plead. Say "not guilty." In most cases this is the correct answer at arraignment. It preserves all of your options. Pleading guilty at arraignment typically forfeits your right to negotiate or challenge the charges.
The judge reviews bail. If bail has already been set and paid, this may be brief. If you're in custody or bail hasn't been set, the judge will consider the amount. Prosecutors may argue for higher bail or no bail; you or your attorney can argue for lower bail or release.
The court schedules the next hearing — typically a pre-trial conference, status hearing, or case management conference. Write this date down. Missing it has serious consequences.
If you've invoked your right to self-representation or haven't yet decided whether to retain counsel, arraignment is typically the first moment the court formally asks about your representation status. The judge may inquire whether you have an attorney, whether you want a public defender, or whether you intend to proceed pro se.
You are not required to declare your final representation decision at arraignment. You can say you are still evaluating your options. However, if you are clearly unrepresented, the judge may appoint counsel for the proceeding or give you time to arrange representation before the next hearing.
If you intend to represent yourself, arraignment is also the right time to begin building your understanding of the charges. Before your next court date, you need to know what the prosecution is required to prove for each charge. That's exactly what Brief is built to do.
If bail is an issue at your arraignment, judges consider several factors: the seriousness of the charges, your criminal history, your ties to the community (employment, family, length of residence), flight risk, and whether you're considered a danger to the community.
Arguments that tend to work: stable employment, family in the area, no prior failures to appear, community ties, minimal criminal history. Arguments that rarely work: "I didn't do it" (which is for trial), "I can't afford that amount" without more, or emotional appeals about hardship without concrete grounding. Be brief, factual, and specific.
After arraignment, the case moves into pre-trial proceedings. This is where most of the real work happens: discovery requests, motion practice (suppression motions, motions to dismiss), plea negotiations, and trial preparation.
If you're representing yourself, the window between arraignment and the next hearing is critical. You need to understand your charges, get your discovery, and know whether you have any viable motions before you sit down at that next proceeding.
See also: What is a pro se defendant and how to represent yourself in court.
Brief analyzes your police report and charging documents so you know what the prosecution must prove, where the evidence is weak, and what motions you might file — before you're standing in front of the judge again.
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