A defendant enters a plea at the arraignment, the hearing where the judge reads the formal charges and asks for a response. In a misdemeanor case, that often happens at the very first court appearance, within a day or two of arrest. In a felony case, the arraignment is a separate hearing held after the prosecution formally files charges, which can be days or weeks after the initial appearance.
Why the Timing Depends on the Charge
After an arrest, a defendant must be brought before a judge without unnecessary delay.1Legal Information Institute. Federal Rules of Criminal Procedure Rule 5 – Initial Appearance In federal cases, this usually happens the same day or the day after.2United States Department of Justice. Initial Hearing / Arraignment State courts set their own rules, but most require an appearance within 48 to 72 hours.
At that first hearing the judge informs the defendant of the charges, explains the right to remain silent and the right to counsel, appoints a public defender if the defendant cannot afford one, and addresses bail or pretrial release.2United States Department of Justice. Initial Hearing / Arraignment Whether a plea is also taken at that hearing depends on the severity of the charge.
Misdemeanors
For misdemeanor charges, the initial appearance and the arraignment are usually combined. The defendant hears the charges, is advised of rights, and enters a plea in the same proceeding. The plea can be on the record within a day or two of arrest.
Felonies
Felonies work differently. The initial appearance handles only the preliminary matters. No plea is entered. The case then moves to a separate arraignment after the prosecution formally files charges through a grand jury indictment or a prosecutorial charging document. That gap can run from several days to several weeks, depending on the jurisdiction and whether a grand jury is involved. By the time the arraignment arrives, the defendant typically has counsel and the formal charges are in writing.
What Happens at the Arraignment
The arraignment is the hearing where the plea is formally entered. The judge reads the charges aloud, confirms the defendant understands them, and asks: “How do you plead?” The answer is stated on the record and determines what happens next. A not guilty plea sends the case toward discovery, pretrial motions, and eventually a trial date. A guilty or no contest plea skips all of that and sends the case to sentencing.
A guilty or no contest plea is not accepted the moment the words leave the defendant’s mouth. The judge first conducts a plea colloquy, questioning the defendant directly to confirm the plea is knowing, voluntary, and backed by facts. Under Federal Rule of Criminal Procedure 11, the judge must explain the nature of each charge, the rights being waived, the maximum sentence, any mandatory minimum, and potential fines, supervised release, forfeiture, and restitution.3Legal Information Institute. Federal Rules of Criminal Procedure Rule 11 – Pleas Noncitizen defendants must also be warned that a conviction could lead to deportation or denial of citizenship. The judge then has to find that the plea is voluntary and that a factual basis supports it.
The Pleas Available
At the arraignment a defendant can plead not guilty, guilty, or, with the court’s permission, no contest. A few variations exist within those categories.
A not guilty plea contests the charges and forces the prosecution to prove every element beyond a reasonable doubt. It preserves the right to a jury, the right to confront witnesses, and the right against self-incrimination.
A guilty plea is a formal admission to the charges. It waives trial rights, and the case moves straight to sentencing.4United States Department of Justice. Plea Bargaining
A no contest (nolo contendere) plea means the defendant does not admit guilt but accepts the conviction and punishment. Inside the criminal case the result is the same as a guilty plea. The difference matters outside the criminal case: a guilty plea can be used as evidence of fault in a related civil lawsuit, while a no contest plea generally cannot.5Justia. Plea Bargains in Criminal Law Cases A no contest plea requires the court’s approval, and some states restrict or prohibit it.
An Alford plea is a form of guilty plea where the defendant maintains innocence but concedes that the evidence would likely produce a conviction. The Supreme Court approved the arrangement in 1970.6Legal Information Institute. North Carolina v. Alford It is treated as a guilty plea for conviction and sentencing purposes. Not every court will accept one, and some states, including New Jersey and Indiana, prohibit them.7Legal Information Institute. Alford Plea
A conditional plea lets a defendant plead guilty while preserving the right to appeal a specific pretrial ruling, such as the denial of a motion to suppress evidence. It requires both the court’s and the prosecution’s consent, and the issue preserved for appeal must be identified in writing.3Legal Information Institute. Federal Rules of Criminal Procedure Rule 11 – Pleas
If a defendant refuses to plead at all, the judge enters a not guilty plea on the defendant’s behalf and the case proceeds.3Legal Information Institute. Federal Rules of Criminal Procedure Rule 11 – Pleas
Why Most Defendants Plead Not Guilty First
The most common response at arraignment is not guilty, even when the defendant and the lawyer expect to negotiate later. Pleading not guilty preserves every right, keeps every option open, and costs nothing. It simply moves the case toward trial preparation while the defense evaluates what the prosecution actually has.
The plea that ends up resolving the case usually comes through negotiation. Scholars estimate that at least 90 percent of criminal cases at both the state and federal level end in a negotiated plea rather than a trial. Plea negotiations can happen at almost any stage after charges are filed. Sometimes a deal is reached before the arraignment and the defendant pleads guilty at that first opportunity. More often, talks continue through pretrial motions and discovery, with a deal struck weeks or months later, sometimes on the eve of trial or even after one has begun.4United States Department of Justice. Plea Bargaining
A plea bargain is not final until the judge accepts it. The court can reject the proposed terms, and the judge is never bound to impose the exact sentence the parties agreed on.
Can the Plea Be Changed Later
A plea is not necessarily permanent, but the window closes quickly. Federal Rule 11 sets three phases, each with its own standard.3Legal Information Institute. Federal Rules of Criminal Procedure Rule 11 – Pleas
- Before the court accepts the plea, the defendant can withdraw for any reason. In practice this window is short, because judges typically accept or reject pleas at the hearing where they are entered.
- After acceptance but before sentencing, the defendant must show a “fair and just reason” to withdraw. Courts weigh factors such as whether the defendant misunderstood the charges or consequences, whether the prosecution would be prejudiced, and how much time has passed.
- After sentencing, withdrawal is no longer available. The only path to setting aside the plea is a direct appeal or a collateral attack such as a habeas corpus petition.
If a court grants a withdrawal, the original plea is erased and the case returns to its pre-plea status. The defendant can then enter a new plea, and the prosecution can proceed with the original charges.