What Is an Arraignment?
An arraignment is the court hearing where a person charged with a crime is told the charges and asked to enter a plea, usually guilty, not guilty, or no contest. Its timing and what else happens at it (such as appointing a lawyer or setting bail) depend on the court system and the type of charge. The federal rule and examples from three states are shown here.
What the law says
- Under Federal Rule of Criminal Procedure 10(a), a federal arraignment must be held in open court and consists of making sure the defendant has a copy of the indictment or information, reading it or stating the substance of the charge to the defendant, and then asking the defendant to plead. Federal Rules of Criminal Procedure, Rule 10(a) (Dec. 1, 2025)
- A federal defendant does not have to be present for the arraignment if charged by indictment or misdemeanor information, the defendant and defense lawyer sign a written waiver confirming receipt of the charging document and a plea of not guilty, and the court accepts the waiver (Rule 10(b)). Video may be used if the defendant consents (Rule 10(c)). Federal Rules of Criminal Procedure, Rule 10(b)-(c) (Dec. 1, 2025)
- A federal defendant may plead not guilty, guilty, or (with the court's consent) nolo contendere. If a defendant refuses to enter a plea, the court must enter a plea of not guilty (Rule 11(a)). Federal Rules of Criminal Procedure, Rule 11(a) (Dec. 1, 2025)
- The Justice Department describes the federal initial hearing/arraignment as the point where the defendant learns more about their rights and the charges, arrangements are made for an attorney, the judge decides on detention or release, and the defendant is asked to plead guilty or not guilty. U.S. Department of Justice, Justice 101: Initial Hearing / Arraignment
- In federal court, the defendant may be asked to plead only under Rule 10, the arraignment rule; at an earlier initial appearance in a felony case, the judge informs the defendant of the complaint and rights but does not take a plea (Rule 5(d)(4)). Federal Rules of Criminal Procedure, Rule 5(d)(4) (Dec. 1, 2025)
- Example (Alaska): at arraignment the judge states the charges and tells the defendant the court will appoint a lawyer if the defendant can't afford one; the defendant then pleads guilty, not guilty, or no contest. A jailed misdemeanor defendant is arraigned within 24 hours of arrest; one who is not jailed may be arraigned within a few weeks. Alaska Court System, Steps in a Criminal Case
- Example (Alaska): a no contest plea has the same punishment effect as a guilty plea but generally can't be used against the defendant in a civil lawsuit. Alaska Court System, Steps in a Criminal Case
- Example (Alaska): if a defendant pleads not guilty, a further hearing is set and, if the case isn't resolved, a trial follows; in a misdemeanor case a guilty or no contest plea is usually followed by sentencing right away. Alaska Court System, Steps in a Criminal Case
- Example (Utah): for felonies and class A misdemeanors, arraignment comes after the preliminary hearing; for class B and C misdemeanors, the court explains your rights at arraignment and will delay the hearing so you can talk with a lawyer before pleading. Utah State Courts, Criminal Processes
- Example (Utah): a guilty plea and a no contest plea have the same effect and both count as a conviction; the judge accepts them only if you fully understand their meaning and consequences. Utah State Courts, Criminal Processes
- Example (California): at arraignment the defendant appears in court, learns the charges and their rights, and the judge asks whether they are ready to plead. California Courts Self-Help Guide, Criminal court overview
FAQ
What is the difference between an arraignment and a first appearance?
In some systems they are separate. In federal felony cases, the initial appearance covers the complaint, rights, and release, and the plea is taken at the arraignment. Alaska likewise holds a felony first appearance within 24 hours after arrest and the arraignment later.
What pleas can I enter at an arraignment?
Generally guilty, not guilty, or no contest (nolo contendere). In federal court a nolo contendere plea requires the court's consent.
What happens if I don't enter a plea?
In federal court, if a defendant refuses to enter a plea, the court must enter a plea of not guilty. Alaska's court guide says the same.
Can I talk to a lawyer before I plead?
Utah's court guide says that for class B and C misdemeanors you can talk with a lawyer before pleading and the judge will delay the hearing to allow that. Alaska's guide says the judge tells the defendant the court will appoint a lawyer if they can't afford one.
Do I have to go to my arraignment in person?
Usually yes, but in federal court a defendant charged by indictment or misdemeanor information may waive appearance in writing (signed with defense counsel) if the plea is not guilty and the court accepts the waiver. Video may be used with the defendant's consent.
Is bail decided at the arraignment?
Often release is addressed around this time. The Justice Department says the federal judge at the initial hearing/arraignment decides whether the defendant will be held or released until trial. In Alaska, a bail hearing is usually requested after arraignment unless bail was posted at the police station.
Related
- Can Criminal Charges Be Dropped?
- Do I Need a Lawyer for a Misdemeanor?
- Federal Drug Charges: Penalties and Mandatory Minimums
- Federal Gun Charges: Felon in Possession, 924(c), and Penalties
- Federal vs. State Crimes: What's the Difference?
- How Does Juvenile Court Work?
- How Long Does a Felony Stay on Your Record?
- How Much Does a Criminal Defense Lawyer Cost?
- How Do Plea Deals Work?
- How to Appeal a Criminal Conviction
- How to Get a Public Defender
- Illegal Reentry After Deportation: Federal Charges and Penalties
- Should You Talk to Police Without a Lawyer?
- What Happens After an Arrest?
- What Is a Bench Warrant?
- Misdemeanor vs. Felony: What's the Difference?
- What Is Extradition?
- What Is Mail Fraud?
- What Is Wire Fraud?
- What to Do If You Have a Warrant
- Criminal Law by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.