What Happens at an Arraignment?

An arraignment is typically a defendant’s first formal appearance in court after being arrested or charged. During this hearing, the judge:

• Reads the criminal charges
• Advises the defendant of their constitutional rights
• Asks how the defendant wishes to plead
• Considers bail and conditions for release
• Sets the date for the next court appearance

This stage marks the official start of the court process and follows booking and the filing of charges. It’s an essential process of the criminal procedure to ensure a defendant is informed and treated fairly under the law.

What Happens at an Arraignment?

1. Charges are presented: The judge formally reads out the charges. In felony cases, this may follow a preliminary hearing or indictment where probable cause was established.
2. Rights are explained: Defendants are advised of their legal rights, including the right to remain silent and to legal counsel. If the accused cannot afford an attorney, the court will appoint one.
3. Plea is entered: The defendant must respond to the charges with one of the following pleas:
   • Guilty – Admits to the crime and accepts responsibility. Sentencing may occur immediately or be scheduled.
   • Not Guilty – Denies the charges. This preserves the right to contest the case, seek evidence, and negotiate a plea deal. In most cases, pleading not guilty is recommended at this stage to allow time to build a defense or negotiate a resolution.
   • No Contest – Does not admit guilt but accepts conviction. Often used to avoid civil liability. The case proceeds to sentencing.
4. Bail is addressed: If the defendant is in custody, the judge will either set bail, release the defendant on their own recognizance (promise to return), or deny release and keep the person in custody. Factors that the judge will consider include the seriousness of the offense, risk of flight, ties to the community, prior record, and potential danger to the public.
5. The next court date is set: If a “not guilty” plea is entered, the judge will schedule the next hearing, such as a pretrial conference, bail hearing, or trial date.

The Timing of Arraignment

A defendant cannot be held indefinitely without knowing the charges against them. Arraignments are generally held within a reasonable time after arrest to ensure due process and to prevent unnecessary time in custody.

Waiving Arraignment: Is It an Option?

In Washington, you may be able to waive arraignment, but this is only advisable under limited circumstances—typically if:

• You have retained a defense attorney.
• The attorney has already negotiated bail or release terms with the prosecutor.

This is more common in minor or non-violent offenses.

Will I Be Released or Taken Into Custody?

The judge makes a release decision based on several factors. You may be released on your own recognizance if the charge is relatively minor and / or you are not considered a danger or flight risk. You may be granted bail if you have strong community ties; you pose a low risk of fleeing; and / or your criminal history is limited. You may be taken into custody if the charges are serious; and / or you pose a risk to others or may flee. If you are detained, you are entitled to a bail hearing to challenge the decision. Your lawyer can argue for more favorable terms or alternatives to detention.

Why You Should Have a Lawyer at Arraignment

An arraignment can be scary for many people, especially if it is your first time before a judge in open court. All eyes will be on you when the charges against you are read. Not only is a criminal defense attorney a strategic move on your part, it is also a comforting one. Knowing that someone has your interests in mind will help you navigate the arraignment and criminal case. An experienced attorney can also begin building your defense immediately, negotiate with the prosecutor, and ensure your case is handled properly from the start.

A skilled lawyer will:

• Explain your rights and options
• Advise you on how to plead
• Argue for bail or release
• Protect you from saying something that could harm your case

The arraignment can shape the trajectory of your case. Having a criminal defense attorney present is essential. He or she can explain the options you have and guide you in making the correct decision. At Powers Law Group, we provide strong and strategic representation from day one. Whether you’re facing a felony or a misdemeanor, we’re here to guide you and fight for your rights. Call us today at 360-419-0809 for your consultation.