Facing an arraignment can be overwhelming, especially within the first 72 hours after an arrest. This initial period often feels uncertain, not just because of the arrest, but also due to the confusion around what comes next. The arraignment is typically the first formal court proceeding where a defendant’s rights and charges are clearly laid out by a judge or magistrate. Here’s a breakdown of what to expect during this critical stage of the legal process.

What Happens at an Arraignment?

An arraignment is the formal reading of charges after someone has been arrested and booked. It is a constitutionally required step to ensure that the accused is informed of the exact charges against them. The judge will state these charges, and it is during this hearing that the defendant will be asked to enter a plea—guilty, not guilty, or no contest.

If the defendant has not yet secured legal representation, the court may provide options for public defense attorneys. The arraignment also addresses whether the defendant will remain in custody or be released on bail. Depending on the severity of the charges and the individual’s criminal history, bail may be granted, denied, or adjusted during this process.

Legal Rights at an Arraignment

Arraignments ensure that defendants are aware of their legal rights. This includes the right to counsel and the right to remain silent. At the arraignment, the court must uphold these rights and offer the defendant the opportunity to secure legal assistance if they do not already have an attorney. In cases where the defendant cannot afford a lawyer, the court will provide one from a list of public defense attorneys.

Additionally, the defendant has the right to be informed of all the charges filed against them. This transparency allows the defense team to begin building a case, whether they plan to challenge the charges or seek a plea bargain.

What Is an Arraignment?

An arraignment occurs when the accused faces a judge or magistrate. Arraignments are usually the first part of a criminal procedure. The purpose of an arraignment is to read out the defendant’s charges face-to-face (or screen-to-face), as mandated by the United States Constitution.

This is a protection required by the Sixth Amendment of the United States Constitution, to prevent any authority from holding an accused person in custody for too long without telling them the charge. However, the arraignment must occur within 72 hours after arrest—if the arraignment doesn’t happen after 72 hours, the defendant may argue that their constitutional right to a speedy trial has been violated.

Related: What Does “Beyond a Reasonable Doubt” Really Mean?

Arraignment Rules

In most cases, an arraignment occurs within 72 hours of the arrest. The Sixth Amendment of the U.S. Constitution mandates that individuals must be informed of their charges promptly to avoid unnecessary detainment. If the arraignment is delayed beyond this period, the defendant may have grounds to challenge the legality of their detainment, potentially leading to the dismissal of charges.

The specific rules for an arraignment can vary based on the type of crime—whether it is a state or federal charge, or a misdemeanor or felony. However, arraignments generally follow the same structure: reading of charges, entering a plea, and determining bail.

What to Expect at an Arraignment

Arraignments are typically a multi-step procedure. The first step is to appear in a court setting and be informed of their rights and options to an attorney. If the defendant doesn’t have an attorney or can’t afford one, the court will provide them with a list of options in order to receive a public criminal defense lawyer.

If the defendant needs a criminal law attorney, the court will begin arrangements to reschedule for another day and meet accommodations. Once the defendant is appropriately represented by counsel, the arraignment takes place. This is when the defendant has their charges read to them in a formal setting. 

At this point, the defendant is expected to enter a plea: guilty, not guilty, or no contest. A no-contest plea means that the defendant is not admitting guilt, but will not contest the charges. However, sometimes it’s possible to waive an arraignment and merely enter a plea. In this case, the defendant’s attorney would agree in exchange for something from the prosecutor or the prosecutor’s attorney, like an expedited discovery.

Bail bonds, or any other arrangement of the like, are also reviewed at the formal arraignment, even if already previously addressed. Additionally, the court can also announce the dates of further proceedings, such as the pretrial conference or a trial date at the arraignment.

Related: What Slows Down the Bail Bond Process

Pleas and Potential Outcomes

When facing an arraignment, the defendant has three plea options:

  1. Guilty: This admits to the crime and moves the case directly to sentencing.
  2. Not Guilty: This sets the case for trial or future hearings.
  3. No Contest: The defendant does not admit guilt but agrees to accept the court’s punishment.

In some cases, the defense attorney and prosecutor may arrange for an expedited plea process. This allows the defendant to resolve their case faster by entering a plea agreement, often in exchange for a lighter sentence or dismissal of certain charges. Bail arrangements and other legal matters can also be reviewed during the arraignment, including any motions to suppress evidence or dismiss the case.

DDD Dallas Bail Bonds Works Fast

If you or someone you know is in jail and awaiting their arraignment, call DDD Dallas Bail Bonds of Dallas. We have many years of professional experience serving defendants and inmates throughout Dallas County and securing their release from jail fast. Our affordable rates and accommodations ensure anyone can get a bail bond and release their loved one as soon as possible. For information, contact our office today.