What Happens at an Arraignment?
A First Step in the Criminal Justice Process
If you or someone you care about has been arrested, you’ll likely hear the term arraignment mentioned early on. It’s a crucial first step in the criminal court process—but what exactly happens during an arraignment?
Let’s break it down.
What Is an Arraignment?
An arraignment is the first formal court appearance after someone is charged with a crime. It’s where the accused (called the “defendant”) is officially informed of the charges and asked to enter a plea.
This usually happens within a short time after arrest—typically within 48 to 72 hours, depending on the jurisdiction and whether the defendant is in custody.
What Happens During an Arraignment?
Here’s what you can expect step by step:
1. The Charges Are Read
The judge or court clerk will:
- Read the formal charges filed against the defendant
- Inform the defendant of their legal rights, including the right to an attorney and the right to remain silent
This ensures the defendant fully understands what they are being accused of.
2. The Defendant Enters a Plea
The judge will then ask how the defendant pleads to the charges. There are typically three plea options:
- Guilty – Admitting to the crime
- Not guilty – Denying the charges and requesting a trial
- No contest (nolo contendere) – Not admitting guilt but not contesting the charges (treated like a guilty plea in most cases)
Most defendants plead not guilty at this stage, especially if they have not yet had a chance to fully review the evidence or consult with an attorney.
3. Bail Is Addressed
If the defendant is in custody, the judge will decide whether they can be released and under what conditions. The options may include:
- Release on own recognizance (ROR): The defendant is trusted to return to court without paying bail
- Bail set: A specific amount is set that must be paid for release
- Remand: The defendant remains in custody without bail, usually for serious charges
4. Next Court Dates Are Scheduled
The court will set the timeline for future proceedings, such as:
- Pretrial hearings
- Motions
- Trial dates
This helps move the case through the legal process efficiently.
Do You Need a Lawyer at the Arraignment?
Yes—having a lawyer is highly recommended. If you can’t afford one, the court will typically appoint a public defender to represent you.
A defense attorney can:
- Explain your rights and the charges
- Advise you on how to plead
- Argue for lower bail or release
- Begin building your defense right away
Is an Arraignment a Trial?
No. An arraignment is not a trial. There is no jury, no presentation of evidence, and no witnesses. It’s strictly a procedural hearing to set the stage for what comes next.
How Long Does It Take?
In most cases, arraignments are fairly quick—often 10 to 30 minutes—unless there are multiple charges, bail discussions, or legal complications.
Final Thoughts
An arraignment may feel intimidating, but it’s a structured, predictable part of the criminal process. It’s your first chance to understand what you’re facing, assert your rights, and begin forming a defense.
Whether you’re the one facing charges or supporting someone who is, knowing what to expect can reduce anxiety and help you make smart legal decisions.
Need legal help? In California, navigating legal challenges, whether they involve personal injury, workers’ compensation, criminal defense or civil litigation, can be overwhelming. Khoury Law Group is here to provide the critical legal support you need. As a leading advocate for individuals facing legal battles, our experienced attorneys understand the complexities of the legal system and are committed to fighting for your best interests. With personalized legal strategies and compassionate support, we are dedicated to achieving the justice and compensation you deserve.
CONTACT US FOR HELP. Call us at (888) 354-6879 or fill out the form on our Contact page.
