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What is an arraignment, and what happens at the hearing?
Key points
- What it is
- The court hearing where you are told the charge and asked to plead to it. In federal court it is held in open court: you get a copy of the charge, it is read or summarized, and you are asked to plead.
- How soon
- After an arrest you must be brought before a judge without unnecessary delay: within 48 hours in California (not counting Sundays and holidays) and in Texas, and within 24 hours in Florida.
- Your rights
- A lawyer at every stage, appointed if you can't afford one. The judge tells you that you have the right not to make a statement, and that any statement you make may be used against you.
- The plea
- Usually guilty, not guilty or, with the court's consent, no contest. Which plea to enter is a decision to make with your lawyer; this page does not advise on it.
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An arraignment is the court hearing where you are formally told what you are charged with and asked how you plead. In federal court the rules say it must be held in open court and has three parts: making sure you have a copy of the charge, reading it to you or stating its substance, and then asking you to plead.
The names and the order differ from place to place. A federal case starts with an initial appearance soon after the arrest, and you plead later, at the arraignment. In California, your first appearance before the judge on the charge is the arraignment. Below: what happens step by step, how soon you must see a judge, your rights, the pleas, bail and release, what comes next, and the rules in California, Texas, Florida and New York. Can't afford a lawyer? See getting a public defender.
What is an arraignment?
- What it is
- The charge, read to youand you are asked to plead to it. Fed. R. Crim. P. 10(a)
- When
- Without unnecessary delayafter an arrest: 48 hours in California and Texas, 24 hours in Florida. Cal. Penal Code § 825 · Tex. Code Crim. Proc. art. 15.17 · Fla. R. Crim. P. 3.130
- The plea
- Guilty, not guilty or no contestno contest only with the court's consent. Fed. R. Crim. P. 11(a)(1)
- A lawyer
- From the first appearanceappointed if you can't afford one. Fed. R. Crim. P. 44(a)
In federal court, an arraignment must be conducted in open court. It consists of making sure you have a copy of the indictment or information (the written charge), reading it to you or stating the substance of the charge, and then asking you to plead to it. Fed. R. Crim. P. 10(a)
The federal courts describe it in one line: the defendant enters a plea to the charges at a court hearing known as arraignment. If the plea is not guilty, the judge schedules a trial. U.S. Courts: Criminal cases
First appearance, magistrate, arraignment: the names differ. What the first hearing is called, and whether you plead at it, depends on the court:
- Federal court. You first go before a magistrate judge for an initial appearance, often the same day as the arrest or the day after. You may be asked to plead only at the arraignment. Fed. R. Crim. P. 5(d)(4) · U.S. Department of Justice
- California. When you first appear for arraignment, the judge must immediately tell you the charge and your right to a lawyer at every stage. You find out what you are charged with and what your rights are, and the judge asks if you are ready to plead. Cal. Penal Code § 858 · California Courts
- Texas. Within 48 hours of an arrest, a magistrate tells you the accusation and your rights. The arraignment itself is held in every felony case after indictment, and in misdemeanor cases punishable by imprisonment, to fix your identity and hear your plea. It comes at least two entire days after you are served with a copy of the indictment, unless you waive that or are on bail. Tex. Code Crim. Proc. arts. 15.17, 26.01, 26.02, 26.03
- Florida. You appear before a judge within 24 hours of arrest, at what is known as the first appearance. The judge tells you the charges, decides whether there is probable cause and tells you your rights. Fla. R. Crim. P. 3.130
- New York. After an arrest without a warrant, police must bring you before a local criminal court without unnecessary delay. On a felony complaint, that court tells you the charges and that the main purpose of the case there is to decide whether to hold you for a grand jury. If you are indicted, you are arraigned again, on the indictment, in a superior court. N.Y. CPL §§ 140.20, 180.10, 210.15
What happens at an arraignment, step by step
- Your case is called in open court. The arraignment happens in the courtroom. In federal court, it can be held by video only if you agree. Fed. R. Crim. P. 10(a), (c)
- You get a copy of the charge, and it is read or summarized. In federal court, the judge makes sure you have a copy of the indictment or information and reads it to you or states the substance of the charge. In California the charge is read and you get a true copy; for a misdemeanor complaint, a copy only if you ask. Fed. R. Crim. P. 10(a) · Cal. Penal Code § 988
- You are told your rights. At a federal initial appearance on a felony, the judge must tell you about the complaint and your right to hire a lawyer or ask for one to be appointed. The judge also tells you the circumstances, if any, in which you may be released before trial, any right to a preliminary hearing, and your right not to make a statement: any statement you make may be used against you. Fed. R. Crim. P. 5(d)(1)
- You are asked about a lawyer. If you come without one, the court tells you about your right to a lawyer and, if you can't afford one, appoints one. In New York you can also ask for an adjournment to get a lawyer. Fed. R. Crim. P. 5(d)(1)(B), 44(a) · Cal. Penal Code § 987(a) · N.Y. CPL § 180.10(3)
- You are asked to plead. Usually guilty, not guilty or, with the court's consent, no contest. If you refuse to plead, a federal court enters a plea of not guilty for you, and so does a Texas court. Fed. R. Crim. P. 11(a) · Tex. Code Crim. Proc. art. 26.12
- Release is decided, and the next step is scheduled. The judge decides whether you are released before trial, on what conditions, or held. If you plead not guilty, the judge schedules what comes next. 18 U.S.C. § 3142(a) · U.S. Courts: Criminal cases
How soon after an arrest must you see a judge?
Every court requires a prompt first hearing after an arrest. The Constitution sets a floor: in County of Riverside v. McLaughlin (1991), the Supreme Court said that a judge's decision on probable cause within 48 hours of an arrest without a warrant will, as a general matter, be prompt enough. After 48 hours, the government must show a bona fide emergency or other extraordinary circumstance, and an intervening weekend doesn't count as one. County of Riverside v. McLaughlin, 500 U.S. 44 (1991)
| Where | How soon you must be brought before a judge | Good to know |
|---|---|---|
| Federal court | Without unnecessary delay | Before a magistrate judge. If you were arrested without a warrant, a complaint must be filed promptly. Fed. R. Crim. P. 5(a)(1)(A), 5(b) |
| California | Without unnecessary delay, and within 48 hours, not counting Sundays and holidays | If the 48 hours end when the court is not in session, the time runs to the next court session. Cal. Penal Code § 825(a) |
| Texas | Without unnecessary delay, but not later than 48 hours | In person or by videoconference. Arrested without a warrant, and no magistrate has decided probable cause? You must be released on bond by the 24th hour for a misdemeanor (bond up to $5,000) or by the 48th hour for a felony (up to $10,000), on a personal bond if you can't pay. At the state's request a magistrate can postpone that release, to no more than 72 hours after the arrest. Tex. Code Crim. Proc. arts. 15.17(a), 17.033 |
| Florida | Within 24 hours | This is the first appearance. Fla. R. Crim. P. 3.130 |
| New York | Without unnecessary delay | After the police finish booking steps such as fingerprinting, they must bring you before a local criminal court. N.Y. CPL § 140.20(1) |
Your rights at the arraignment
- A lawyer at every stage. If you can't afford a lawyer, one can be appointed to represent you at every stage, from the initial appearance through appeal, unless you give up that right.Fed. R. Crim. P. 44(a)
- Time and a phone call to get one. In New York, if you come to the arraignment without a lawyer, you have the right to an adjournment to get one, and to contact a lawyer, a relative or a friend by letter or phone, free of charge.N.Y. CPL §§ 180.10(3), 210.15(2)
- A chance to talk with your lawyer. A federal judge must give you a reasonable opportunity to consult with your lawyer.Fed. R. Crim. P. 5(d)(2)
- The right to stay silent. You have the right not to make a statement, and any statement you make may be used against you.Fed. R. Crim. P. 5(d)(1)(E) · Tex. Code Crim. Proc. art. 15.17(a)
- An interpreter. In federal criminal cases, the court uses a certified interpreter, or another qualified one, when a defendant speaks only or mainly another language, or has a hearing impairment, in a way that gets in the way of understanding the case or talking with the lawyer. In California, a person charged with a crime who can't understand English has a right to an interpreter throughout the proceedings.28 U.S.C. § 1827(d)(1) · Cal. Const. art. I, § 14
- Being there. In federal court you must be present at the initial appearance, the initial arraignment and the plea, unless a rule says otherwise.Fed. R. Crim. P. 43(a)
Guilty, not guilty or no contest: the pleas
At the arraignment you are asked to plead. These are the pleas the rules list, and what each one means in court:
- Not guilty. The case goes on, and the judge schedules a trial. If you refuse to plead, a federal court enters a plea of not guilty for you, and so does a Texas court.Fed. R. Crim. P. 11(a)(4) · Tex. Code Crim. Proc. art. 26.12 · U.S. Courts: Criminal cases
- Guilty. Before accepting it, a federal judge must speak to you personally in open court, make sure you understand the rights you give up, including a jury trial, and the possible penalties, and make sure the plea is voluntary.Fed. R. Crim. P. 11(b)
- No contest (nolo contendere). Allowed only with the court's consent in federal court and in California. In California the court must find you guilty, and for a crime punishable as a felony the plea has the same effect as a guilty plea for all purposes. In Texas its effect is the same as a guilty plea, except that it can't be used against you as an admission in a civil suit based on the same act; California has the same rule for cases not punishable as felonies. Under the federal rules of evidence, a no-contest plea is not admissible against the person who made it.Fed. R. Crim. P. 11(a)(1) · Cal. Penal Code § 1016 · Tex. Code Crim. Proc. art. 27.02(5) · Fed. R. Evid. 410(a)
- Other pleas. California also lists a former conviction or acquittal, once in jeopardy, and not guilty by reason of insanity. New York's list of pleas to an indictment has no no-contest plea: not guilty, guilty and, with the court's permission and the prosecutor's consent, a plea to a lesser offense or not responsible by reason of mental disease or defect.Cal. Penal Code § 1016 · N.Y. CPL § 220.10
Bail and release: can you go to jail at an arraignment?
The first hearing is usually where the judge decides whether you stay in custody or go home until trial, and on what conditions. Each system says it differently:
- Federal court. When you appear before the judge on a charge, the judge orders one of four things until trial: release on your own recognizance or an unsecured appearance bond, release on conditions, temporary detention, or detention. People released before trial may have electronic monitoring or drug testing and regular reports to a pretrial services officer.18 U.S.C. § 3142(a) · U.S. Courts: Criminal cases
- California. A person arrested for or charged with an offense other than a capital offense may be released on their own recognizance. If you are in custody and arraigned on a misdemeanor, you are entitled to that release unless the court finds on the record that it would compromise public safety or not reasonably assure that you come back to court. Public safety is the primary consideration.Cal. Penal Code § 1270(a)
- Texas. After giving the warnings, the magistrate admits you to bail if the law allows it. The release rule for arrests without a warrant is in the timing table above.Tex. Code Crim. Proc. arts. 15.17(a), 17.033
- Florida. The state constitution entitles a person charged with a crime to pretrial release on reasonable conditions, with two exceptions. It does not apply to a capital offense or one punishable by life imprisonment when the proof of guilt is evident or the presumption is great. And if no conditions can reasonably protect the community, assure your presence at trial or protect the integrity of the process, you may be detained. At the first appearance, the judge can set a bail amount or release you on your own recognizance.Fla. Const. art. I, § 14 · Fla. R. Crim. P. 3.130
- New York. The court must make an individualized decision about whether you pose a risk of flight to avoid prosecution. Except in the cases listed in subdivision four of the law, it must release you on your own recognizance unless it finds, on the record or in writing, that this will not reasonably assure your return to court.N.Y. CPL § 510.10(1), (3)
Before the arraignment: what to bring and what to expect
- Your court papers: the citation, notice or release papers, with the case number and the date and time of the hearing.
- Your lawyer's name and phone number, if you have one. If you don't, you can ask for one at the hearing.
- If you will ask for a public defender: proof of your income, bills and savings. See the documents list.
- A note of any language or hearing help you need, so you can ask for an interpreter at the start.
- Questions for your lawyer, written down. Keep notes about what happened for your lawyer, not for the courtroom.
If you are in custody, the hearing may be by video: in Texas, the magistrate's warnings can be given by videoconference, and a federal arraignment can be held by video if you agree. Tex. Code Crim. Proc. art. 15.17(a) · Fed. R. Crim. P. 10(c)
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What happens after the arraignment
- Federal: preliminary hearing
Unless you waive it or are indicted first, a magistrate judge holds a preliminary hearing no later than 14 days after the initial appearance if you are in custody, or 21 days if not. Fed. R. Crim. P. 5.1(a), (c)
- Federal: indictment
An indictment or information must be filed within 30 days of the arrest or the summons. 18 U.S.C. § 3161(b)
- Federal: trial
After a not guilty plea, the trial starts within 70 days of the indictment or of your first appearance in that court, whichever is later, and not less than 30 days after you first appear with a lawyer unless you agree in writing. Some periods of delay are excluded from the count. 18 U.S.C. § 3161(c), (h)
- California: felony
A preliminary examination is held within 10 court days of the arraignment or plea, whichever is later, unless both sides waive that time or there is good cause for a continuance. Cal. Penal Code § 859b
- New York: felony complaint
You have a right to a prompt hearing on whether there is enough evidence to hold you for a grand jury, and you may waive it. N.Y. CPL § 180.10(2)
- After a guilty plea
The judge may sentence you right away, but more commonly schedules a later hearing. In most federal felony cases, the judge waits for a presentence report. U.S. Courts: Criminal cases
Getting a lawyer for the arraignment
You can hire a lawyer, or ask the court to appoint one if you can't afford one. California's courts put it plainly: if you are facing felony or misdemeanor charges, talk to a lawyer, and if you cannot afford one, tell the judge at your arraignment; the court will appoint one, usually a public defender. California Courts
Common questions
What is an arraignment?
The court hearing where you are formally told the charge and asked to plead to it: guilty, not guilty or, where the court allows it, no contest. In federal court it is held in open court, and you get a copy of the charge.
What happens at an arraignment?
The charge is read or summarized, you are told your rights, including the right to a lawyer and the right not to make a statement, you are asked to plead, the judge decides on release, and the next step is scheduled.
How soon after an arrest is the arraignment?
You must be brought before a judge without unnecessary delay: within 48 hours in California (not counting Sundays and holidays) and in Texas, and within 24 hours in Florida. In federal court the initial appearance comes first, and you plead later, at the arraignment.
Can you go to jail at an arraignment?
The judge decides at the first hearing whether you are released before trial, on what conditions, or held in custody. The rules differ by state: see bail and release.
What is the difference between an arraignment and an indictment?
An indictment is a written charge from a grand jury. The arraignment is the hearing where the charge is read to you and you plead to it. In federal court, an offense punishable by more than one year in prison must be charged by indictment, unless you give that up in open court.
What does a no-contest plea mean?
A plea the court treats like a guilty plea in the criminal case. In California the court must find you guilty; in Texas, and in California cases not punishable as felonies, it can't be used as an admission against you in a civil suit about the same act. It needs the court's consent in federal court and California, and New York's list of pleas to an indictment does not include it.
Can I waive the arraignment?
Sometimes. In federal court you need not be present if you are charged by indictment or misdemeanor information, you and your lawyer sign a written waiver confirming you received the charge and plead not guilty, and the court accepts it. In Texas, your lawyer may present a waiver of arraignment.
Do I need a lawyer for an arraignment?
You have the right to one, and to an appointed lawyer if you can't afford one. In New York you can ask the court to adjourn so you can get one. Decisions made at the arraignment, like the plea, are ones to make with a lawyer.
What happens after the arraignment?
After a not guilty plea, the case moves toward hearings and trial. In federal court the trial starts within 70 days of the indictment or your first appearance, whichever is later, with some delays excluded. In California, a felony preliminary examination is held within 10 court days of the arraignment or plea.
Official sources
- Federal Rules of Criminal Procedure (Dec. 1, 2025): Rules 5, 5.1, 7, 10, 11, 43 and 44 (PDF) uscourts.gov
- Federal Rules of Evidence (Dec. 1, 2025): Rule 410, pleas (PDF) uscourts.gov
- 18 U.S.C. § 3161, Speedy Trial Act: time limits (U.S. Code, 2024 ed.) govinfo.gov
- 18 U.S.C. § 3142, release or detention pending trial (U.S. Code, 2024 ed.) govinfo.gov
- 28 U.S.C. § 1827, interpreters in courts of the United States (U.S. Code, 2024 ed.) govinfo.gov
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991), U.S. Reports (PDF) loc.gov
- U.S. Courts: Criminal cases uscourts.gov
- U.S. Department of Justice, U.S. Attorneys: Initial hearing / arraignment justice.gov
- California Penal Code § 825: taking the defendant before the magistrate within 48 hours leginfo.legislature.ca.gov
- California Penal Code § 858: the charge and the right to counsel at the first appearance leginfo.legislature.ca.gov
- California Penal Code § 859b: time for the preliminary examination leginfo.legislature.ca.gov
- California Penal Code § 987: counsel at arraignment leginfo.legislature.ca.gov
- California Penal Code § 988: how the arraignment is made leginfo.legislature.ca.gov
- California Penal Code § 1016: kinds of pleas; nolo contendere leginfo.legislature.ca.gov
- California Penal Code § 1270: release on own recognizance leginfo.legislature.ca.gov
- California Constitution, art. I, § 14: right to an interpreter leginfo.legislature.ca.gov
- California Courts Self-Help Guide: Criminal court courts.ca.gov
- California Courts Self-Help Guide: Criminal court process overview courts.ca.gov
- Texas Code of Criminal Procedure, Chapter 15 (art. 15.17: duties of the arresting officer and the magistrate) tcss.legis.texas.gov
- Texas Code of Criminal Procedure, Chapter 17 (art. 17.033: release on bond after an arrest without a warrant) tcss.legis.texas.gov
- Texas Code of Criminal Procedure, Chapter 26 (arts. 26.01-26.03, 26.011, 26.12: arraignment) tcss.legis.texas.gov
- Texas Code of Criminal Procedure, Chapter 27 (art. 27.02: the defendant's pleas) tcss.legis.texas.gov
- Florida House of Representatives: final bill analysis, CS/CS/HB 445 (2026), on bail, the first appearance (Fla. R. Crim. P. 3.130) and Fla. Const. art. I, § 14 (PDF) flsenate.gov
- New York Criminal Procedure Law § 140.20: procedure after an arrest without a warrant nysenate.gov
- New York Criminal Procedure Law § 180.10: arraignment on a felony complaint; the defendant's rights nysenate.gov
- New York Criminal Procedure Law § 210.15: arraignment on an indictment; right to counsel nysenate.gov
- New York Criminal Procedure Law § 220.10: kinds of pleas nysenate.gov
- New York Criminal Procedure Law § 510.10: securing order; release on recognizance nysenate.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.