What Is an Arraignment? What Happens and Pleas

An arraignment is the court hearing where a person charged with a crime is formally told the charges and asked to enter a plea. The federal courts' glossary defines it as "A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty." In some state courts, California's for example, the arraignment is also where the judge addresses a lawyer and release, and sets the next court dates.

This page explains arraignments in general terms, using the Federal Rules of Criminal Procedure (which govern federal cases only) and the California courts' self-help guide as a worked state example. Other states follow the same broad pattern but set their own timing, terms and plea rules. For the steps before the arraignment, see what happens after you get arrested.

What an arraignment is

In federal court, Rule 10(a) sets out what must happen:

"An arraignment must be conducted in open court and must consist of: (1) ensuring that the defendant has a copy of the indictment or information; (2) reading the indictment or information to the defendant or stating to the defendant the substance of the charge; and then (3) asking the defendant to plead to the indictment or information."

California's courts describe the arraignment this way:

"An arraignment is usually the first court date in a criminal case. At an arraignment, a defendant finds out what they're charged with and what rights they have. If they can't afford a lawyer, the judge can appoint one for them. The judge also sets the next court dates."

The two descriptions point to a real difference in timing. In federal court, the first time an arrested person sees a judge is the initial appearance under Rule 5, and the arraignment comes later, once there is an indictment or information. In California, the first court date is called the arraignment. Other states use other labels for the first hearing, such as "preliminary arraignment" in Pennsylvania (Pa.R.Crim.P. 519), and the Supreme Court noted in Rothgery v. Gillespie County that a defendant's first time before a court is also known as the "preliminary arraignment" or "arraignment on the complaint." If a court notice says "arraignment," ask the clerk or your lawyer what will happen at that particular hearing.

What happens at an arraignment

Using California as the example, the state's courts list what the judge tells the defendant:

• What they are charged with
• Their constitutional rights
• That if they cannot afford a lawyer the court will appoint them one free of charge

The hearing usually covers these points, in roughly this order:

1. The charges. The defendant gets the charging document and hears the charges read or summarized.
2. Rights. The judge explains the defendant's constitutional rights.
3. A lawyer. If the defendant cannot afford one, the judge can appoint a lawyer, often the public defender.
4. Release. In California the judge may release the defendant on their own recognizance, release them under supervision such as home detention or an ankle monitor, set bail, or not set bail, in which case "The defendant stays in jail until the case is finished." The bail guide and the own recognizance guide explain those options.
5. The plea. The defendant is asked to plead (see below).
6. Next dates. The judge sets the next court dates.

Can you skip the arraignment or appear by video?

In federal court, a defendant need not be present if charged by indictment or misdemeanor information, the defendant and defense counsel sign a written waiver affirming receipt of the charging document "and that the plea is not guilty," and the court accepts it (Fed. R. Crim. P. 10(b)). Video is allowed "if the defendant consents" (Rule 10(c)). State courts set their own rules on appearing by video or through a lawyer, so check with the clerk. Do not assume you can skip it: missing an arraignment can lead to a bench warrant and, in many states, a separate failure to appear charge.

Plea options

Not guilty

A not-guilty plea denies the charge and moves the case forward to the next stage. In federal court, if a defendant refuses to enter a plea, "the court must enter a plea of not guilty" (Fed. R. Crim. P. 11(a)(4)).

Guilty

A guilty plea admits the charge and generally leads to sentencing. In federal court, before accepting the plea, the judge "must address the defendant personally in open court and determine that the plea is voluntary and did not result from force, threats, or promises (other than promises in a plea agreement)" (Fed. R. Crim. P. 11(b)(2)), and before entering judgment on a guilty plea the court "must determine that there is a factual basis for the plea" (Rule 11(b)(3)).

No contest (nolo contendere)

A no-contest plea is a plea of nolo contendere. Federal Rule 11(a)(1) allows it only "with the court's consent," and before accepting it "the court must consider the parties' views and the public interest in the effective administration of justice" (Rule 11(a)(3)). California's courts list no contest among the most common pleas. Whether, and on what terms, a no-contest plea is available in another state is set by that state's rules, so ask the court or a lawyer.

Conditional plea

In federal court, "With the consent of the court and the government, a defendant may enter a conditional plea of guilty or nolo contendere, reserving in writing the right to have an appellate court review an adverse determination of a specified pretrial motion" (Fed. R. Crim. P. 11(a)(2)).

Before you plead

California's courts put it directly:

"The most common pleas are guilty, not guilty, or no contest (nolo contendre). A defendant should talk to their lawyer before pleading guilty or no contest. The consequences, besides possible jail or prison time, can be quite severe. For example, a conviction can have immigration consequences for noncitizens."

If you have not yet spoken to a lawyer, you can ask the judge at the arraignment for the public defender. The right to counsel attaches at the first appearance before a judicial officer (Rothgery v. Gillespie County, 554 U.S. 191 (2008)).

What happens after the arraignment

What comes next depends on the plea and on the court system.

In California, after a not-guilty plea, "For someone charged with a misdemeanor, this is usually a pretrial conference. For someone charged with a felony, this is usually a preliminary hearing." The arrest process guide describes the federal version of a preliminary hearing.

In federal court, the case moves into pretrial proceedings:

• Pretrial motions. Rule 12(b)(3) lists matters that must be raised by motion before trial when the basis is reasonably available, including defects in the charging document, "suppression of evidence," severance and discovery.
• Trial timing. Under the Speedy Trial Act, after a not-guilty plea the trial generally must begin within 70 days of the filing of the indictment or information or the defendant's appearance before the court where the charge is pending, whichever is later (18 U.S.C. 3161(c)(1)). Many periods of delay are excluded from that count (3161(h)). Unless the defendant consents in writing, "the trial shall not commence less than thirty days from the date on which the defendant first appears through counsel or expressly waives counsel and elects to proceed pro se" (3161(c)(2)).
• Plea discussions. A case can also end in a plea agreement rather than a trial. A guilty or no-contest plea entered later goes through the Rule 11 checks described above.

After a guilty or no-contest plea that the court accepts, the case moves toward sentencing.

In every system, whatever release conditions the court set continue to matter, and each new court date has to be kept. A missed date can lead to a bench warrant, forfeiture of bail and, in many states, a new charge.

Preparing for an arraignment

• Bring the paperwork you have: the citation, notice to appear or release papers, and photo identification.
• Arrive early and check in with the courtroom clerk.
• Ask for the public defender if you cannot afford a lawyer.
• Know the charge codes. The charge code lookup explains what a code section or booking abbreviation means.
• Write down the next date before you leave the courtroom.

Disclaimer

This page is general legal information about arraignments, based on the Federal Rules of Criminal Procedure and federal statutes (which govern federal cases only), the California courts' self-help guide, and other named sources, checked on October 20, 2026. Arraignment procedures, timing and plea rules differ by state, and this page is not legal advice. For advice about a specific case, contact the public defender's office or a criminal defense lawyer licensed in the state where the case is pending.

Last updated: October 20, 2026.

Frequently Asked Questions

What is an arraignment?

An arraignment is the court hearing where a criminal defendant is formally told the charges and asked to enter a plea. In federal court, Rule 10 requires giving the defendant a copy of the indictment or information, reading it or stating its substance, and asking for a plea. In California it is usually the first court date in a criminal case.

What happens at an arraignment?

The defendant learns the charges, is told their constitutional rights, can have a lawyer appointed if they cannot afford one, and is asked to plead. In California the judge also decides release or bail and sets the next court dates.

What happens after an arraignment?

After a not-guilty plea the case moves to the next stage. In California a misdemeanor usually goes to a pretrial conference and a felony to a preliminary hearing. In federal court the case moves to pretrial motions and a trial date under the Speedy Trial Act. After a guilty or no-contest plea the case moves to sentencing.

What pleas can you enter at an arraignment?

The usual pleas are not guilty, guilty and no contest (nolo contendere). In federal court a no-contest plea needs the court's consent, and a conditional plea needs the consent of the court and the government. In state court, the state's own rules decide whether and on what terms a no-contest plea is allowed.

Is the arraignment the first court date?

In California it usually is. In federal court the first appearance under Rule 5 comes first and the arraignment follows. Other states use their own terms, so ask the clerk what will happen at a hearing labeled arraignment.

Do I need a lawyer at my arraignment?

The right to counsel attaches at the first appearance before a judicial officer, and courts can appoint a lawyer for someone who cannot afford one. California's courts advise talking to a lawyer before pleading guilty or no contest because the consequences can be severe.

What happens if you miss your arraignment?

The court can issue a bench warrant and, if bail was posted, start forfeiture. In many states missing a required court date can also be charged as a separate crime, depending on how the person was released and the original charge.