Arraignment

What is an Arraignment?

An Arraignment is the first point in a criminal case in which the court is obligated to advise the defendant of the following:

  • The nature of the charge or charges.

  • The maximum possible penalties for each charge.

  • The right to a lawyer and, if appropriate, appoint a lawyer.

  • Set bond.

  • The next court hearing (in felony cases, this is the Preliminary Examination, which must occur within 14 days; in misdemeanor cases, this is the Pre-Trial Conference).

NOTE: The court is not supposed to ask you about the offense, and you should refrain from telling the court about the circumstances of your case. Your statements, which will be recorded, can be used against you in subsequent court proceedings. Only the Prosecutor has the authority to move to dismiss or reduce the charge against you—and Prosecutors are typically not present at Arraignments in District Court. Even if they are present, they will undoubtedly not dismiss or reduce the charge against so you early in the case.

Must I appear in court for the Arraignment?

Yes, unless a written waiver of Arraignment is accepted by, and filed with, the court. In misdemeanor cases, only select crimes are eligible for written waivers of Arraignment. You must first consult with your attorney and/or the court. In felony cases, the defendant gets arraigned twice: once in District Court and once in Circuit Court (unless a plea or plea offer keeps the case in District Court). Most Circuit Courts accept written waivers of Arraignment. Again, you must first consult with your attorney and/or the court.

Can I plead guilty at Arraignment?

Yes. But you should instead enter a not guilty plea (unless advised differently by your attorney). Again, the court does not have the authority alone to dismiss or reduce your charge at this stage of the proceedings. The prosecutor is empowered to move to dismiss or reduce your charge. By pleading guilty, you may be closing off avenues that might not be available later on—like accepting a plea offer to another charge, which may have reduced sanctions, or accepting a sentencing arrangement, like deferred sentencing sentencing (discussed in another FAQ section), which may allow you to avoid a conviction or, in some cases, jail time.

Should I be represented by an attorney at Arraignment?

Yes. You should either be represented by an attorney at Arraignment or be counseled by one before going to the Arraignment.