What happens at an arraignment, and how to prepare for one

An arraignment is the first time a person charged with an offense appears before a judge or a magistrate. In a busy municipal court it may take three or four minutes. Knowing what those minutes are for makes them far less daunting.

What the court does

• It confirms who you are and tells you what you are charged with.
• It explains your rights, including the right to a lawyer and to have one appointed if you cannot afford one.
• It asks how you plead.
• It decides whether you will be released while the case is pending, and on what conditions.

The pleas

You can plead not guilty, guilty or no contest. A plea of not guilty does not mean you are telling the court a story about what happened. It means you are asking the state to prove its case, and it keeps every option open while your lawyer obtains and reviews the evidence.

A plea of guilty or no contest at arraignment usually ends the case that day, with a conviction, before anyone has looked at the police report or the video. It is rarely wise to plead to anything before you have had legal advice, however minor the charge seems.

Bond and conditions

For most misdemeanors you will be released on your own promise to return. The court may add conditions, such as having no contact with a named person or not driving. Those conditions are court orders, and breaking one can lead to a new charge and to being held in custody.

How to prepare

• Arrive early. Security lines are slow, and being late can lead to a warrant.
• Bring the citation or summons and any bond papers.
• Dress as you would for a job interview.
• Do not discuss the facts of your case in the hallway or the courtroom.
• If you have a lawyer, he or she may be able to enter the plea in writing so that you do not need to attend.

If your arraignment is only days away and you have not yet spoken with a lawyer, you can ask the court for a short continuance to find one. Judges grant that request routinely.