What Is an Arraignment? How It Works, What Pleas Mean, and Who Must Attend

What is an arraignment?

An arraignment is the court hearing where a criminal charge is formally presented to the accused person and the person is asked to enter a plea. In federal court, Rule 10 requires it to happen in open court. The defendant must have a copy of the indictment or information, hear the charge read or summarized, and be asked to plead. Florida's rule describes a similar hearing. Other states set their own procedures. [13][14]

What happens at an arraignment?

At an arraignment, the court formally presents the charge and asks the accused person to plead. In federal court, the hearing must be held in open court, which means a public courtroom proceeding. First, the court makes sure the defendant has a copy of the indictment or information. Those are the formal documents that state the charge. Then the charge is read or summarized, and the defendant is asked to plead. [13]

Florida's rule describes the same core steps. The judge, clerk or prosecutor reads the indictment or information, or states the substance of the charges, and calls on the defendant to plead. Florida allows the hearing in open court or by audio-video technology, at the court's discretion. [14]

This page uses two examples: the Federal Rules of Criminal Procedure, which govern federal criminal cases, and Florida's Rules of Criminal Procedure. Each state writes its own procedure rules. The names of hearings, their order and their details can differ elsewhere, and this page does not survey other states. [13][14]

How is an arraignment different from an initial appearance?

The initial appearance usually comes first, and in federal court it is not where a plea is taken. Federal Rule 5, which governs the initial appearance, says a defendant may be asked to plead only under Rule 10, the arraignment rule. [1]

The federal initial appearance deals with notice of the charge, counsel and release. In a felony case, the judge tells the defendant about the complaint and the right to hire counsel or request appointed counsel. The judge also explains the circumstances of any pretrial release, any right to a preliminary hearing, and the right not to make a statement. [2]

Florida calls this hearing a first appearance. The judge informs the defendant of the charge, provides a copy of the complaint, and then decides pretrial detention or conditions of release. [3][4]

Florida's pleas rule has one exception to this division. When a sworn complaint charges a misdemeanor, the defendant may plead guilty at the first appearance. Otherwise, the arraignment is the hearing built around the formal charging document and the request for a plea. [16][14]

How is an arraignment different from a trial?

An arraignment asks for a response to the charge, while a trial is where guilt is decided. Under the federal rules, when a defendant is entitled to a jury trial, the trial is by jury. The exception is when the defendant waives a jury in writing, the government consents and the court approves. [5]

A federal jury trial ends with a verdict, which is the jury's decision. The jury returns it to a judge in open court, and it must be unanimous. Nothing at an arraignment decides the case in that way. [6]

Florida's rules link the two stages directly. A not guilty plea denies every material allegation in the charging document. After that plea, the defendant is entitled to a reasonable time to prepare for trial. [17][15]

A guilty plea works differently. Florida's plea-acceptance rule says that after a guilty plea, or a finding of guilt after a nolo contendere plea, there will not be a further trial of any kind. [7]

What pleas can be entered at an arraignment?

Federal Rule 11 lists three pleas: not guilty, guilty, and nolo contendere, which is Latin for "I do not wish to contest." A nolo contendere plea is allowed only with the court's consent. [8]

Florida's rule lists the same three pleas and also requires the court's consent for nolo contendere. The rule describes the plea options without saying which one fits a particular case. [16]

If a defendant does not give a plea, the court records one. In federal court, a refusal to plead leads the court to enter a plea of not guilty. In Florida, standing mute or pleading evasively has the same result. [9][17]

Does the accused person have to attend the arraignment?

Generally, yes. Under federal Rule 43, unless Rule 43, Rule 5 or Rule 10 says otherwise, the defendant must be present at the initial appearance, the initial arraignment and the plea. [10]

Federal Rule 10 sets out a narrow exception. Three conditions must all be met. The charge must be by indictment or misdemeanor information. The defendant and defense counsel must sign a written waiver confirming that the defendant received the charging document and that the plea is not guilty. And the court must accept the waiver. Separately, a federal arraignment may be held by video if the defendant consents. [13]

Florida requires the defendant to be present when a plea is made, unless a written not guilty plea has been filed. Florida's arraignment rule lets a represented defendant's lawyer file that written plea at or before arraignment, and the arraignment is then treated as waived. [11][14]

Florida has a further exception for misdemeanor cases. People prosecuted for misdemeanors may ask to be excused from attending, and the court may grant permission. [12]

Can an arraignment take place by video?

Both systems allow it in some situations. Under federal Rule 10, video teleconferencing may be used to arraign a defendant if the defendant consents. Florida's arraignment rule says the hearing is held in open court or by audio-video communication technology, at the court's discretion. [13][14]

What happens if a defendant says nothing when asked to plead?

The court records a plea of not guilty. Under the federal rule, if a defendant refuses to enter a plea, the court must enter a plea of not guilty. Florida's rule works the same way when a defendant stands mute or pleads evasively. [9][17]

Is there a right to a lawyer at arraignment?

Both rule sets address counsel early in the case. In Florida, before arraigning a person who has no lawyer, the court must explain the right to counsel. If the person cannot afford one, the court must explain the right to appointed counsel at the arraignment and every later proceeding. In a federal felony case, the judge explains the right to hire counsel or request appointed counsel at the initial appearance. [15][2]

Can a plea be entered at the first court appearance instead of at arraignment?

It depends on the court system. The federal initial-appearance rule says a defendant may be asked to plead only under Rule 10, the arraignment rule. Florida has an exception. When a sworn complaint charges a misdemeanor, the defendant may plead guilty at the first appearance. [1][16]

What does a plea of not guilty mean?

In Florida, a not guilty plea is a formal denial of every material allegation in the charging document. After that plea, Florida's arraignment rule entitles the defendant to a reasonable time to prepare for trial. It is a procedural response to the charge, not a statement about the evidence. [17][15]