At a felony arraignment, the judge formally tells you what you’re charged with, asks how you plead, and decides whether you’ll be released or held while the case moves forward. It’s usually brief, often under 30 minutes, but the plea you enter and the release decision shape everything that follows. Here’s what to expect, step by step.
How Soon It Happens
If you were arrested and are in custody, arraignment comes fast. Federal rules require that an arrested person be brought before a judge “without unnecessary delay,” which in practice means the same day or the next day after booking.1United States Department of Justice. Initial Hearing / Arraignment If you were released after arrest with a court date on a piece of paper, that date is your arraignment. Either way, be there.
Get a Lawyer Before You Plead
The Sixth Amendment right to counsel applies at arraignment, and the Supreme Court has made that explicit for the first court appearance where charges are stated and your liberty is restricted.2Justia Law. Rothgery v Gillespie County, 554 US 191 (2008) If you already have an attorney, they’ll be beside you. If you don’t and can’t afford one, the judge will ask about your finances and appoint a public defender before going further.3Constitution Annotated. Amdt6.6.3.1 Overview of When the Right to Counsel Applies
Eligibility rules vary. Most courts use federal poverty guidelines or a multiple of them, often somewhere between 125% and 200%. For 2026, the federal poverty level for a single person is $15,960 per year.4U.S. Department of Health and Human Services. 2026 Poverty Guidelines Don’t rule yourself out. Judges weigh debts, dependents, and the actual cost of private defense in that jurisdiction. Turning down appointed counsel at arraignment because you plan to hire someone later is a gamble that rarely pays off.
Hearing the Charges
The core function of the arraignment is formal notice. The judge or clerk reads from the charging document, either a grand jury indictment or a prosecutor’s information. Federal rules require that you receive a copy and that its substance be read to you or stated in open court.5Legal Information Institute. Federal Rules of Criminal Procedure Rule 10 – Arraignment The document names the statutes you allegedly violated and sketches the facts the government intends to prove.
The judge will then confirm you understand. If anything is unclear, say so. If English isn’t your primary language or you have a hearing impairment, federal law requires the court to provide a qualified interpreter at no cost.6Office of the Law Revision Counsel. 28 USC 1827 – Interpreters in Courts of the United States State courts have comparable rules.
Entering Your Plea
After the charges are read, you’ll be asked for a plea. You have three options: not guilty, guilty, or no contest.7Legal Information Institute. Federal Rules of Criminal Procedure Rule 11 – Pleas
Not Guilty
Nearly everyone pleads not guilty at arraignment, and almost every defense attorney advises it. A not guilty plea isn’t a claim of innocence. It tells the court the prosecution must prove its case, and it preserves every right you have: to see the evidence, challenge it, negotiate from a position of knowledge, or take the case to trial. Even defendants who eventually plead guilty almost always start here, because no one has seen the full file yet.
Guilty or No Contest
A guilty plea is a full admission. You’re convicted on the spot and the case moves to sentencing. A no contest plea carries the same criminal effect but isn’t an admission of the underlying conduct, so it generally can’t be used against you in a related civil lawsuit. A no contest plea also needs the judge’s permission; the court has to weigh whether accepting it serves the public interest.7Legal Information Institute. Federal Rules of Criminal Procedure Rule 11 – Pleas
Pleading guilty or no contest at arraignment is unusual unless a deal is already in place. The court has to confirm the plea is knowing and voluntary, with full understanding of the rights being waived. If the judge isn’t satisfied, the plea gets rejected.
Saying Nothing
If you refuse to speak or stay silent, the court enters a not guilty plea for you and the case proceeds normally.7Legal Information Institute. Federal Rules of Criminal Procedure Rule 11 – Pleas There’s no strategic benefit over simply saying “not guilty.”
Whether You Go Home
Once you’ve entered a plea, the judge turns to release. There are three possible outcomes.
Released on Your Own Recognizance
If the judge is satisfied you’ll come back and you’re not a danger, you may be released on your own written promise with no money required. This is most common for defendants with stable community ties, limited criminal history, and non-violent charges.
Bail
If bail is set, you deposit money or property as a guarantee of your return. If you can’t cover the full amount, a bail bond company will post it for a non-refundable premium, typically around 10% of the bail. That fee is gone whether you’re convicted or acquitted.
Federal law lists what the judge weighs: the nature of the charges (especially violence, drugs, or firearms), the strength of the evidence, and your personal profile such as employment, family ties, criminal history, and record of showing up.8Office of the Law Revision Counsel. 18 USC 3142 – Release or Detention of a Defendant Pending Trial Being on probation, parole, or pretrial release when the new arrest happened cuts against you. The Eighth Amendment bars “excessive” bail, but excessive doesn’t mean affordable, and bail isn’t guaranteed in every case.9Constitution Annotated. Amdt8.2.2 Modern Doctrine on Bail
Held Without Bail
For the most serious charges, the judge can order you detained with no release option. Federal law creates a presumption of detention for certain offenses, including crimes of violence, drug charges carrying 10 or more years, and offenses involving minors.8Office of the Law Revision Counsel. 18 USC 3142 – Release or Detention of a Defendant Pending Trial When that presumption applies, you carry the burden of showing some set of conditions would address the court’s concerns.
Conditions on Release
Whether or not bail is set, the judge can attach conditions. Common ones include electronic monitoring, surrendering your passport, a curfew, no-contact orders with the alleged victim, drug testing, and regular check-ins with pretrial services. Violating any condition can put you right back in custody.
If You Miss the Arraignment
Skipping it is one of the worst moves you can make. The judge will almost certainly issue a bench warrant, meaning any officer who encounters you can arrest you on the spot. Any bail you posted is forfeited.
Failure to appear is also a separate federal crime, with penalties that scale with the underlying charge and run consecutively to any sentence on the original offense.10Office of the Law Revision Counsel. 18 USC 3146 – Penalty for Failure to Appear If something genuinely prevents you from being there, call your attorney immediately so the court can be notified before the hearing starts.
What’s Scheduled Next
The final piece of business at the arraignment is setting your next court date. For defendants who plead not guilty, that’s usually either a preliminary hearing or a pretrial conference, depending on how the case was charged and local practice.
A preliminary hearing is a mini-proceeding where the prosecution has to show a judge there’s enough evidence to go forward. Prosecutors call witnesses, the defense cross-examines, and the judge decides whether probable cause exists.11United States Department of Justice. Preliminary Hearing If probable cause is found, the case continues; if not, the charges are dismissed, though the government can sometimes refile.12Legal Information Institute. Federal Rules of Criminal Procedure Rule 5.1 – Preliminary Hearing Cases brought by grand jury indictment skip the preliminary hearing because the grand jury has already found probable cause.
A pretrial conference is a less formal meeting among the judge, prosecutor, and defense attorney about the status of the case. Plea negotiations often take shape here, and procedural or scheduling issues get raised. Most felony cases end in a plea agreement rather than a jury verdict, so these conferences do real work.