Being arrested and booked can be stressful and confusing, and often, it’s just the beginning of a long journey through the criminal justice process. Someone’s first chance to get in front of the judge is typically at what’s called an initial appearance or arraignment. Arraignments take place at the beginning of a criminal case and include several important constitutionally required steps in the process. Arraignments happen in all criminal matters, but this article will focus on those facing a felony arraignment hearing.
Understanding Felony Arraignments
A felony arraignment officially begins the prosecution of a felony criminal case. It’s often the first formal court hearing and includes advising defendants of their constitutional rights and the charges, requesting court-appointed counsel if not represented already, entering a plea, setting or amending bail and bond conditions, and scheduling future hearings.
When Will the Arraignment Take Place?
The timing of an arraignment typically depends on whether the defendant is in custody (still sitting in jail) or out of custody (not in jail).
In custody. The in-custody defendant might have been arrested during or shortly after the alleged commission of a crime or based on an arrest warrant. For in-custody defendants, arraignments must occur within a reasonable time after an arrest, which typically amounts to 48 to 72 hours. This short turnaround aims to protect defendants from sitting in jail indefinitely without knowing the charges.
Out of custody. The out-of-custody defendant has generally bailed out after being booked in jail or was never booked. This defendant will likely receive a summons to appear for the arraignment several days or weeks after the arrest. Because this defendant isn’t sitting in jail, a short turnaround time isn’t as crucial.
Steps in a Felony Arraignment Hearing
Arraignment hearings tend to move rather quickly and a lot happens. Here are the primary steps that take place during a felony arraignment.
Learn the Charges
If the defendant doesn’t receive a copy of the charges by mail, they will receive the information (charging document) at the arraignment. This document lists all of the criminal charges, as well as the maximum penalties for each count and any enhancements. The judge gives the defendant an option of waiving the formal reading of the charging document. Judges ask the defendant if they understand the charges and maximum penalties.
Be Advised of Constitutional Rights
Defendants in criminal cases have certain rights guaranteed to them under the U.S. Constitution. At the arraignment, the judge informs a defendant of these rights, including the right to counsel and a trial, the right to the presumption of innocence, the right against self-incrimination, and the right to be present at all future hearings.
Appointment of Counsel (If Needed)
Defendants who appear at a felony arraignment without counsel may ask the judge for a continuance or postponement of the hearing in order to see if they qualify for public defender representation or for additional time to hire a private attorney.
Enter a Plea
Defendants generally have two plea options at an arraignment: guilty or not guilty. If a defendant refuses to enter a plea, the court typically treats that as a not guilty plea and proceeds as such. Defendants who haven’t retained or been appointed counsel may ask the court to delay taking a plea until the defendant can consult with a lawyer. Most defendants, especially felony defendants, plead not guilty at this point.
Address Bail or Bond Issues
Bail and bond modifications are common requests at arraignments, especially from incarcerated individuals. Defendants or their attorney might request a lower bail amount or O.R. release (basically a promise to appear). The prosecutor can also seek to raise the bail amount or add conditions based on new information. Depending on the length of the court calendar that day, the judge might not hear arguments on amending these conditions and instruct the defendant to file a motion for modification and set the hearing for another day.
Schedule Future Hearings
The last thing the court will take up at the arraignment involves scheduling future hearings. These hearings can include a preliminary hearing, pretrial conference, status hearing, motion hearing, plea and sentencing, or trial.
What Happens in the Courtroom at the Felony Arraignment?
Defendants facing felony charges must typically appear in person at the arraignment. Once defendants arrive in the courtroom, checking in with court staff allows the judge to know who is present and ready. In-custody defendants will be brought in from the jail. For everyone, the next step involves waiting for your case to be called.
Wait. The wait time can be short or quite lengthy, depending on how many cases the court calls first. Every jurisdiction has a different process in place. In some places, the usual procedure involves the judge hearing the in-custody matters first, so inmates can be transported back to jail. Next, out-of-custody defendants with attorneys appear. Finally, the pro se (self-represented) defendants get their turn. The amount of time a defendant waits for the court to call their case can be as little as five minutes or several hours.
Case is called. Once the judge announces a case, defendants and their attorneys should stand up and walk to the front of the courtroom. The judge verifies with the defendant that they received a copy of the charging document and that the information regarding name, address, and date of birth is correct. From there, the judge will address all or some of the issues listed above. The hearing itself doesn’t take long, especially if the parties don’t argue for bail or bond modifications.
Common Questions About Felony Arraignments
Below are answers to some common questions about felony arraignments.
Can Defendants Appear Through Their Lawyers?
Not usually. For felony arraignments, most states require the defendant to attend the hearing. A state might allow defendants to appear through their lawyers for misdemeanor charges.
What Happens If I Miss the Arraignment?
The most basic answer here is: Don’t miss your arraignment. Defendants who fail to appear will end up with a warrant out for their arrest. The judge can also revoke bail and make the defendant sit in jail pending trial.
A few exceptions exist. One special case can be if the defendant calls the court or their attorney ahead of time and provides a reasonable explanation of their failure to appear, such as severe illness or a car accident. In that particular situation, the judge may decide to adjourn the arraignment in anticipation of the defendant appearing at the newly scheduled hearing.
Can the Case End at the Arraignment?
Yes, the criminal matter can conclude at this first hearing, but it doesn’t happen that often. The prosecutor might decide to drop the charges and do so on the record if they didn’t have sufficient time prior to the hearing to file a motion to dismiss. Additionally, the case might resolve if a plea and sentencing take place at the arraignment. But, in felony cases, this situation is unlikely because there’s little evidence to go on at this point. The next hearing—called the preliminary or probable cause hearing—will give the defendant more information on the strength of the prosecution’s case and whether to negotiate a plea deal.
Getting a Lawyer
If you've been arrested for or charged with a felony, contact a local criminal defense attorney or ask for a public defender. An experienced lawyer will review the circumstances of your case and discuss potential defense strategies with you. Having a criminal record can negatively impact your future goals, so hiring a knowledgeable attorney can be essential for the desired outcome in your criminal case.