What Is Arraignment?
The first formal court appearance after criminal charges are filed. The defendant is read the charges against them and asked to enter a plea of guilty, not guilty, or no contest.
Quick Answer
The first formal court appearance after criminal charges are filed. The defendant is read the charges against them and asked to enter a plea of guilty, not guilty, or no contest.
Full Explanation
An arraignment is one of the first steps in the formal criminal court process. After a person is arrested and charged, they are brought before a judge — often within 24 to 72 hours for serious offenses — for the arraignment.
At arraignment, several things happen. The judge informs the defendant of the charges against them. The defendant enters a plea: guilty (the case proceeds to sentencing), not guilty (the case proceeds to trial), or nolo contendere (no contest — the defendant accepts punishment without admitting guilt; this cannot be used as an admission in a later civil case). In federal felony cases and most states, the defendant must plead not guilty at arraignment; guilty pleas come later after negotiations.
The judge also considers bail at or near the time of arraignment. The Eighth Amendment prohibits excessive bail, and many states and the federal system have detailed bail statutes. Factors include the severity of the charge, the defendant's criminal history, ties to the community, and flight risk.
For serious felonies, arraignment may come after a grand jury indictment or a preliminary hearing (where a judge, rather than a grand jury, determines whether there is probable cause). The defendant also has the right to be represented by counsel at arraignment — one of the stages at which the Sixth Amendment right to counsel attaches.
Real-World Example
When a person is arrested for armed robbery, they are typically held in custody, then brought before a judge within 48 hours. The judge reads them the charge of armed robbery, informs them of the penalty, appoints counsel if they cannot afford one, and sets bail — perhaps $50,000. The defendant pleads not guilty. The arraignment takes 10-15 minutes.
In high-profile cases, arraignments attract significant media attention. When Donald Trump was indicted in 2023, his arraignment in federal court in Miami was a nationally televised event — he formally pleaded not guilty to the charges.
Why It Matters for Law Students
Arraignment is a procedural milestone in criminal cases, marking the point where the defendant formally enters the system as an accused party. It triggers important constitutional rights (right to counsel, notice of charges) and sets the stage for all subsequent proceedings. Criminal procedure courses cover the specific constitutional requirements at each stage of the process.