Your arraignment date depends on one thing above all: whether you’re in jail after the arrest or out on bail or a citation. If you’re in custody, you’ll be brought before a judge within 48 hours. If you were released or handed a citation, the date is usually several weeks out, and it’s printed on the paperwork you were given or available through the court clerk.
When Your Arraignment Will Be Scheduled
Two tracks, two very different timelines. Confusing them is the most common reason people miss or misjudge their first court date.
If You’re in Custody
The Supreme Court held in County of Riverside v. McLaughlin that a probable cause determination must happen within 48 hours of a warrantless arrest.1Justia U.S. Supreme Court Center. County of Riverside v. McLaughlin, 500 U.S. 44 (1991) That ceiling is firm. The Court specifically said weekends and holidays do not excuse delays beyond it.2Library of Congress. United States Reports – County of Riverside v. McLaughlin Many jurisdictions combine the probable cause hearing with the arraignment itself, so in practice you can expect to see a judge within two days of arrest.
Federal Rule of Criminal Procedure 5 adds that an arrested person must be taken before a magistrate judge “without unnecessary delay.”3Legal Information Institute. Federal Rules of Criminal Procedure Rule 5 – Initial Appearance At that first appearance, the judge confirms your identity, informs you of the charges, advises you of your rights, and addresses bail. In misdemeanor cases this often doubles as the arraignment. In felony cases, especially those requiring a grand jury indictment, the arraignment is a separate proceeding scheduled shortly after.
If You’re Out on Bail or Received a Citation
Defendants released after booking or given a citation generally wait much longer. The date printed on a citation or set by the court may fall several weeks or even a couple of months out. That gap gives prosecutors time to review police reports, gather evidence, and decide whether to file formal charges. The federal Speedy Trial Act requires an indictment or charging document within 30 days of arrest.4Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions State timelines vary but follow a similar structure to prevent indefinite delays.
How to Find Your Arraignment Date
Start with the paperwork in your hand. If you received a citation or ticket, look for a printed court date and address. Different courts put it in different places on the form. Scan for anything labeled “court date,” “appearance date,” or “arraignment.”
Most counties run an online case search where you can look up your case by full name or by a case number from your arrest paperwork. These portals usually update within a few business days after booking. If nothing shows up, call the clerk of court. The clerk can confirm whether charges have been filed and whether your original date is still on the calendar. If you’ve hired an attorney, they can pull docket information and any scheduling changes directly through the court’s electronic filing system.
What Happens at the Hearing
The arraignment itself is short. For a straightforward case, it often runs under 10 minutes. Several consequential things happen in that window.
Reading of Charges and Rights
The judge confirms you have a copy of the charging document, then reads or summarizes the charges.5Legal Information Institute. Federal Rules of Criminal Procedure Rule 10 – Arraignment The court then advises you of your constitutional rights, including the right to remain silent and the right to counsel. The Sixth Amendment right to counsel formally attaches at arraignment, so the court must ensure you have legal representation from this point forward.6Constitution Annotated. Amdt6.6.3.1 Overview of When the Right to Counsel Applies If you can’t afford a lawyer, the judge will typically appoint a public defender.
Entering Your Plea
The judge then asks for your plea. Three options: guilty, not guilty, or no contest. Most defendants plead not guilty at this stage, even those who expect to negotiate a deal later. A not guilty plea preserves every right you have, including the right to see the evidence, to challenge the charges, and to go to trial. It commits you to nothing.
A no contest plea (nolo contendere) means you accept the punishment without admitting guilt. Its practical advantage is that it generally cannot be used against you as an admission in a later civil lawsuit, while a guilty plea can be. Not every jurisdiction allows no contest pleas for every charge.
Pleading guilty at arraignment, without seeing the evidence and without a negotiated agreement, is almost always a mistake. There’s no tactical benefit to it. Defense attorneys enter not guilty pleas at arraignment as a matter of course because doing so keeps every door open.
Bail and Future Dates
If bail wasn’t set at an earlier initial appearance, the judge addresses it now. Federal law directs judges to weigh the seriousness of the charge, the weight of the evidence, your ties to the community, your criminal history, and whether you have a record of showing up for court.7Office of the Law Revision Counsel. 18 USC 3142 – Release or Detention of a Defendant Pending Trial The judge may release you on personal recognizance, set a cash bail amount, impose conditions like GPS monitoring or travel restrictions, or in serious cases order you detained.
The judge also sets future court dates. For a felony, a preliminary hearing is typically scheduled within 10 to 14 days. Trial deadlines start running. Under the federal Speedy Trial Act, trial must begin within 70 days of the indictment being filed or your first court appearance, whichever is later.4Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions
Whether You Have to Appear in Person
You may not. Federal Rule of Criminal Procedure 10(b) allows defendants to skip the arraignment if they’ve been charged by indictment or misdemeanor information and submit a written waiver, signed by both the defendant and the attorney, confirming they received a copy of the charges and that their plea is not guilty.5Legal Information Institute. Federal Rules of Criminal Procedure Rule 10 – Arraignment The court must accept the waiver for it to take effect.
Waiver isn’t available if you plan to plead guilty or no contest, if you’re standing mute, or if you’re charged by felony information. Many state courts have similar procedures, and in some, your attorney can file a written not-guilty plea before the hearing date, eliminating the need for either of you to appear. If you don’t have an attorney, plan to show up. Courts almost never let unrepresented defendants waive their arraignment.
Federal Rule 10(c) also permits video arraignments with the defendant’s consent.5Legal Information Institute. Federal Rules of Criminal Procedure Rule 10 – Arraignment The consent doesn’t have to be in writing, and the defendant can give it while already participating remotely. Many state courts expanded video capabilities during the pandemic and kept them in place, though policies vary. Some require in-person appearances for criminal matters but allow remote attendance for traffic cases. Others leave the choice to the judge. Treat a video arraignment exactly like an in-person one. Dress appropriately, find a quiet location, and log in early. The legal effect is the same.
How to Reschedule
If you can’t make your date, you need to file a motion for a continuance. That’s a formal written request to the court explaining why you need a new date. Courts expect a legitimate reason: a medical emergency, a scheduling conflict with your attorney, difficulty obtaining counsel, or something comparable. “I forgot” or “I have work” won’t cut it.
Contact the court clerk and the prosecutor’s office as early as possible. In some courts, if the prosecutor agrees to the new date, the matter can be handled informally without a full hearing on the motion. Others require a written motion filed a set number of days before the original date regardless of whether both sides agree. File early and follow up. Do not assume your request was granted because you submitted it. Until a judge signs an order approving the continuance, the original date is still active. Skipping the hearing while a request is pending is treated the same as not showing up at all.
What Happens If You Miss It
Failing to appear sets off a chain of problems that make the original charge look minor by comparison. The judge will issue a bench warrant for your arrest. From that point, any encounter with law enforcement, including a routine traffic stop, a background check at work, or a stop at a sobriety checkpoint, can end with you in handcuffs.
Bail Forfeiture
If you posted bail, the court will order it forfeited. The money or property is gone. Most jurisdictions give you a window, often 180 days, to appear voluntarily and request that the forfeiture be reversed. The clock starts immediately, and there’s no guarantee a judge will vacate the forfeiture even if you turn up within that window.
Additional Criminal Charges
The court can file a separate criminal charge for failure to appear. Under federal law, penalties scale with the seriousness of the original charge:8Office of the Law Revision Counsel. 18 USC 3146 – Penalty for Failure to Appear
- If the original charge is a misdemeanor, up to 1 year in prison and a fine.
- If the original charge is a felony carrying under 5 years, up to 2 years in prison and a fine.
- If the original charge is a felony carrying 5 to 14 years, up to 5 years in prison and a fine.
- If the original charge carries 15 years or more, life, or death, up to 10 years in prison and a fine.
Any prison time for failure to appear runs consecutively. It is added on top of whatever sentence you receive for the original charge, not served at the same time.8Office of the Law Revision Counsel. 18 USC 3146 – Penalty for Failure to Appear State penalties vary, but the consecutive-sentencing structure is common.
Driver’s License Suspension
If the underlying charge involves a traffic offense, many states will suspend your driver’s license solely for failing to appear. The suspension typically takes effect automatically once the court reports the failure to the state’s motor vehicle agency. Reinstating the license usually requires clearing the warrant, paying a reinstatement fee, and appearing on the original charge, which can take weeks or months even after you act.
Background Checks and Professional Licenses
An outstanding bench warrant shows up on background checks. That can affect employment, housing applications, and professional licensing. In regulated professions like nursing, teaching, or real estate, many licensing boards require you to self-report an arrest or pending charge within 30 days. An unresolved warrant compounds the problem by signaling unreliability to a board already scrutinizing your fitness to practice. The longer a warrant sits, the harder the fallout is to contain. If you’ve already missed a date, the best move is to contact a lawyer and arrange to turn yourself in or schedule a voluntary appearance. Courts treat voluntary appearances far more favorably than arrests at traffic stops.