What Happens at an "Arraignment?"

For many criminal cases, the first time a defendant will appear in court is at the arraignment. The arraignment is often referred to as the “First Appearance” or “Rule 5 hearing.” Its purpose is for the court to advise the defendant of their rights and to appoint counsel to represent them (if they are eligible).

At the arraignment, the defendant has the right to be informed of the charges brought against them and to be advised of their rights throughout the criminal court process. Additionally, a defendant has the right to have the Complaint, including the charges, read in open court. Defendants often waive this right and read the Complaint themselves. However, it is important to go over the Complaint with a criminal defense attorney to determine the nature of the charges and formulate a good defense.

Speedy Trial Rights

At the arraignment, the defendant has the opportunity to exercise or waive their right to a speedy trial. Most defendants waive this right—particularly if they are not in custody during the process. This is a decision that should be discussed with a criminal defense attorney to determine whether it is advisable to exercise or waive the right to a speedy trial.

The arraignment is also a point where an attorney may first appear on behalf of the accused. The defendant may apply for a Public Defender defense attorney at this point, but if they do not qualify—based on their income—they should seek to retain a private defense attorney. Even defendants who do qualify for a Public Defender may wish to consult with a private attorney, depending on their situation.

Pre-Trial Release Conditions

The court may also set conditions of pre-trial release at the arraignment hearing. These conditions are often set at a bail hearing. However, if the defendant was not held for a bail hearing, the prosecutor may ask for pre-trial conditions of release at the arraignment. These release conditions are common for many misdemeanor and gross misdemeanor cases, including DWI/DUI, drug crimes, and domestic assault cases. Most felony cases involve pre-trial release conditions as well. These conditions vary depending on the defendant’s charges and each individual situation. However, an experienced criminal defense lawyer can advocate for a reduction in the pre-trial release conditions, and can argue against any conditions that are inappropriate for their client’s situation.

It is important to start out on the right foot. The arraignment is usually the accused’s first step into the criminal justice system, and it is critical that they have an advocate at this step of the process. If you have been charged with a crime, contact a criminal defense attorney as early as possible to preserve your rights and prepare a defense against your charges. Contact attorney John E. Roach at Roach Law PLLC to discuss how to best defend yourself.