What is an arraignment?
The first appearance of the defendant before a judge is called the arraignment. During the arraignment:
- The court may appoint an attorney if the defendant is found to be indigent.
- The judge formally notifies the defendant of the charges. The defendant ordinarily enters a plea of “not guilty” at his/her first appearance.
- The judge will either release the defendant on personal recognizance or impose bail.
- The judge may use bail only as a way to ensure that the defendant will return to court. Bail may not be used to punish the defendant because he or she is presumed innocent.
- The judge may impose conditions of release, including an order prohibiting the defendant from having contact with the victim or witnesses.