What Happens at an Arraignment? Pleas, Bail and Next Steps

Last updated: 13 October 2026. This guide explains general criminal procedure in the United States and is not legal advice.

Short answer: An arraignment is the court hearing where a person charged with a crime is formally told the charges, advised of their rights and asked to enter a plea, usually “not guilty” at this stage. The judge also deals with lawyers and, in many courts, bail or release conditions. It is usually short, often under 15 minutes, and there is no trial, no witnesses and no decision on guilt.

Key takeaways

• The arraignment is the first formal step in the court case after charges are filed. In federal court it is governed by Rule 10 of the Federal Rules of Criminal Procedure; each state has its own rules.
• Most defendants plead not guilty at arraignment, even if they later negotiate a plea deal, because it keeps every option open.
• You have the right to a lawyer. If you cannot afford one, the court can appoint a public defender, often at or before the arraignment.
• Bail, release conditions and the next court dates are commonly set at or around this hearing.

Where the arraignment fits in a criminal case

Criminal cases follow a general sequence, although names and timing vary by state:

1. Arrest or summons.
2. Initial appearance before a judge or magistrate, which must happen without unnecessary delay. In many state courts this hearing and the arraignment are combined.
3. Charging document filed: a complaint, an information from the prosecutor or an indictment from a grand jury. See our explainer on the difference between a complaint and an indictment.
4. Arraignment on that charging document.
5. Pre-trial stage: discovery, motions, plea negotiations.
6. Trial or plea, then sentencing if there is a conviction.

In felony cases some states also hold a preliminary hearing, where a judge decides whether there is enough evidence to go forward, before the arraignment on the final charges. The role of the grand jury is covered in traverse jury vs grand jury.

What happens at an arraignment, step by step

1. The case is called

Arraignments are often held in batches. You wait for your name or case number. Being on time matters: missing an arraignment can lead to a bench warrant.

2. You are told the charges

The judge or clerk identifies the charges in the complaint, information or indictment. Under federal Rule 10, the defendant must receive a copy of the indictment or information, and the court reads it or states its substance. Many defendants waive a full reading because their lawyer has already reviewed it.

3. You are advised of your rights

These usually include the right to remain silent, the right to a lawyer, the right to a jury trial and the right to a speedy trial. If you do not have a lawyer, the court asks whether you want one and whether you can afford one.

4. You enter a plea

If a defendant refuses to plead, the court enters a not guilty plea on their behalf.

5. Bail and release conditions are addressed

Depending on the court, the judge may set or review bail, release the defendant on their own recognisance or impose conditions such as no contact with an alleged victim, travel limits or electronic monitoring. In federal court, release is governed by the Bail Reform Act, 18 U.S.C. § 3142, which looks at flight risk and danger to the community.

6. Next dates are set

The court schedules the next hearing, such as a status conference, motion deadline or trial date. The federal Speedy Trial Act generally requires a federal trial to begin within 70 days of the indictment or first appearance, subject to many exclusions.

How soon after arrest is the arraignment?

There is no single national deadline. Key rules include:

• A person arrested without a warrant is generally entitled to a judicial determination of probable cause within 48 hours, following the Supreme Court’s decision in County of Riverside v. McLaughlin (1991).
• Many states require a person in custody to be brought before a judge within 24 to 72 hours, excluding some weekends and holidays.
• For defendants who are not in custody, the arraignment may be weeks after a summons or citation.

Can you skip the arraignment?

Sometimes. Federal Rule 10 allows a defendant charged by indictment or misdemeanour information to waive appearance if the defendant and their lawyer sign a written waiver, the waiver confirms receipt of the charges and a plea of not guilty, and the court accepts it. Many state courts allow a lawyer to appear on the defendant’s behalf for misdemeanours. Never assume this applies to you without checking with your lawyer or the court clerk.

What to do before and at your arraignment

• Speak to a lawyer first, even briefly. Our guide on criminal defence rights if you are charged covers what to ask.
• Do not discuss the facts of the case in court or with anyone other than your lawyer. Arraignment hearings are on the record.
• Bring your paperwork: the citation, summons or bail papers, plus ID.
• Dress respectfully and arrive early.
• Write down the next court date and any release conditions before you leave.
• Check your docket afterwards. If the entries look confusing, our guide to court docket abbreviations will help.

Arraignment vs initial appearance vs preliminary hearing

For the bigger picture of how criminal and civil cases differ, see civil case vs criminal case. Some cases never reach trial at all; here is why cases get dismissed.

Frequently asked questions

Can charges be dropped at the arraignment?

It is uncommon but possible. A prosecutor can dismiss charges at any stage, and some courts offer diversion programmes at the first hearing. Most cases continue past arraignment.

Should I plead guilty at my arraignment?

Generally not without legal advice. Pleading not guilty first gives your lawyer time to see the evidence and negotiate. A guilty plea can carry consequences beyond the sentence, including immigration, employment and licensing effects.

Do I need a lawyer for an arraignment?

You have the right to one, and it is strongly advisable. If you cannot afford a lawyer, ask the court to appoint a public defender.

How long does an arraignment take?

The hearing itself is often a few minutes, but expect to wait for your case to be called. Plan for several hours.

What happens if you miss your arraignment?

The judge can issue a bench warrant for your arrest and may forfeit any bail posted. Contact your lawyer or the court immediately if you missed it.

Is an arraignment the same as a trial?

No. No evidence is presented and guilt is not decided. It simply starts the court process on the formal charges.