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.