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Arraignment

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Key facts: An arraignment is the hearing where the defendant hears the charges and enters a plea of guilty, not guilty, or in some jurisdictions nolo contendere.[1][3]

An arraignment is the first step in a criminal proceeding where the defendant is brought in front of the court to hear the charges against them and enter a plea.[1]Federal rules require that arraignments take place in open court, with the defendant given a copy of the charging document and asked to plead.[2]The hearing is part of the broader criminal process and often overlaps with decisions about pretrial release.

Definition

An arraignment is the first step in a criminal proceeding where the defendant is brought in front of the court to hear the charges against them and enter a plea.[1]Courts have discussed this proceeding in cases such as County of Riverside v. McLaughlin and Godinez v. Moran.[1]The arraignment is one stage within the larger sequence described in the criminal process step by step, and it generally follows an arrest.

What happens at an arraignment

Under the Federal Rules of Criminal Procedure, an arraignment must be conducted in open court and must include ensuring the defendant has a copy of the indictment or information, reading the indictment or information (or stating its substance) to the defendant, and asking the defendant to plead.[2]A defendant generally need not be present if charged by indictment or misdemeanor information and if the defendant and defense counsel sign a written waiver confirming the defendant received a copy of the charging document and that the plea is not guilty, and the court accepts that waiver.[2]Video teleconferencing may also be used to arraign a defendant if the defendant consents.[2]These procedural protections connect to broader constitutional rights of the accused, including the Sixth Amendment rights to notice of charges and to counsel.

Pleas

At the arraignment, the defendant is asked to plead to the indictment or information.[2]In federal cases, the defendant is also asked to plead guilty or not guilty to the charges.[5]Besides a guilty or not guilty plea, a defendant may in some cases enter a plea of nolo contendere, meaning "no contest," in which the defendant does not accept or deny responsibility for the charges but waives the right to a trial and agrees to accept the penalty.[3]A no-contest plea differs from a guilty plea because it cannot be used against the defendant in another cause of action, though the court has discretion to allow or refuse it and some states do not permit it at all.[3]A related option in some jurisdictions is the Alford plea, in which the defendant formally pleads guilty while simultaneously asserting innocence; unlike a no-contest plea, a formal admission of guilt under an Alford plea can be used against the defendant in later suits, and some states, including New Jersey and Indiana, forbid Alford pleas.[4]Decisions about which plea to enter are often connected to plea bargaining and to understanding the elements of a crime the prosecution would have to prove at a criminal trial.

Initial appearance vs arraignment

In the federal system, either the same day or the day after arrest, a defendant is brought before a magistrate judge for an initial hearing, where the defendant learns more about the charges and rights, arrangements are made for an attorney, and the judge decides on pretrial custody or release.[5]Before deciding on release, the judge must hold a hearing to learn facts about the defendant, including ties to the area, family nearby, prior criminal record, and any threats to witnesses, and the judge also considers potential danger to the community.[5]If the defendant cannot post bail, the judge may order the defendant held in custody pending trial.[5]The defendant is also asked to plead guilty or not guilty at that hearing, which is why the terms "initial hearing" and "arraignment" are sometimes used together or interchangeably in federal practice.[5]These decisions about custody relate closely to bail and pretrial release and to protections under the Eighth Amendment. A defendant who cannot afford an attorney may be able to seek help from a public defender.

Common questions

What happens at an arraignment?

An arraignment is the first step in a criminal proceeding where the defendant is brought before the court to hear the charges and enter a plea.[1]Under the Federal Rules of Criminal Procedure, this involves ensuring the defendant has a copy of the indictment or information, reading or stating the substance of the charge, and asking the defendant to plead, all in open court.[2]

What pleas can a defendant enter?

A defendant is generally asked to plead guilty or not guilty.[5]In some cases a defendant may enter a plea of nolo contendere, or "no contest," accepting the penalty without admitting or denying guilt[3], or in some jurisdictions an Alford plea, which is a formal guilty plea made while maintaining innocence.[4]

Is an arraignment the same as a first appearance?

The terms overlap in federal practice: a defendant is brought before a magistrate judge for an initial hearing shortly after arrest, where rights and charges are explained, counsel is arranged, bail is addressed, and the defendant is asked to plead guilty or not guilty.[5]The Federal Rules separately define arraignment as the open-court proceeding where the charging document is provided, read or summarized, and a plea is taken.[2]

Can a defendant skip an arraignment?

Under the Federal Rules of Criminal Procedure, a defendant need not be present for arraignment if charged by indictment or misdemeanor information and if the defendant and defense counsel sign a written waiver affirming receipt of the charging document and that the plea is not guilty, subject to the court's acceptance.[2]Video teleconferencing may also be used for the arraignment if the defendant consents.[2]

What is the difference between a no-contest plea and an Alford plea?

A nolo contendere, or no-contest, plea means the defendant does not accept or deny responsibility but agrees to accept the penalty, and it cannot be used against the defendant in another case.[3]An Alford plea is different because it is a formal admission of guilt made while the defendant simultaneously asserts innocence, and because it is a guilty plea, it can be used against the defendant in future suits.[4]

References

All sources retrieved November 2026.

  1. ^ a b c d e f "Arraignment (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  2. ^ a b c d e f g h i j k "Federal Rules of Criminal Procedure, Rule 10 (Arraignment)". Legal Information Institute. Retrieved November 2026.
  3. ^ a b c d e f "Nolo contendere (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  4. ^ a b c d "Alford plea (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  5. ^ a b c d e f g h "Initial Hearing / Arraignment". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.