Arraignment
Arraignment is the court date where you are formally told the charge, a lawyer stands with you, and in many courts the judge decides whether you go home while the case goes on. Some courts use other names for the first date, and some hold a second arraignment later, after an indictment. Here is how it works in each court we appear in.
What to expect
The arraignment is usually short. The judge or the clerk states the charge, your lawyer may speak about release, and the next court date is set. It is not the trial, and it is not the place to tell your side of the story. Let your lawyer do the talking, and do not discuss the case in the courtroom or the hallway.
Two different events often get called "arraignment":
- The first appearance after the arrest, where you hear the charge and release is decided.
- A later arraignment on an indictment or information, where you are asked to plead to the formal charge.
Which ones your case has, and what they are called, depends on the court.
Court by court
New York
After an arrest without a warrant, police must bring you before a local criminal court without unnecessary delay [1]. At arraignment on a felony complaint, the court must tell you the charges. You have a right to a lawyer at the arraignment and at every later stage, and a right to a prompt hearing on whether there is enough evidence to hold the case for the grand jury, which you may waive [2].
If you are held in jail on a felony complaint for more than 120 hours (144 hours if a weekend day or legal holiday falls in that time) without that hearing or a disposition, you must, on application, be released on recognizance, unless an exception applies, such as an indictment already voted or delay you caused [3]. If the case goes to a grand jury, you have a right to testify before it if you give written notice to the district attorney before the indictment is filed [4]. Whether you should is a serious decision to make with your lawyer.
New Jersey
If you remain in custody after a complaint is filed and the prosecutor has not moved to detain you, you must have a first appearance within 48 hours of being committed to the county jail, before a judge who can set release conditions [5]. If the prosecutor files a detention motion first, you must be brought before the court within 48 hours for a "prehearing rights advisement" and told the hearing date, which must be within three working days of the motion [6]. At the detention hearing you have the right to a lawyer, appointed if you cannot afford one [7].
Florida
Unless already released, you must be taken before a judge within 24 hours of arrest [8]. At this first appearance the judge must tell you the charge, that you do not have to say anything, that you have a right to a lawyer, and that you may communicate with a lawyer, family or friends [9]. The arraignment comes later: the charge is read or stated and you are called on to plead, and your lawyer may file a written plea of not guilty at or before arraignment, which waives it [10].
Pennsylvania
The first event is the preliminary arraignment. You are told of the right to a lawyer, the right to a preliminary hearing (except in cases going to an indicting grand jury), and, if the charge is bailable, the type of release and bail conditions [11]. The preliminary hearing must be set no later than 14 days after the preliminary arraignment if you are in custody on this case only, or 21 days if you are not, unless extended for cause [12]. If the case is held for court, the district attorney files an information [13], and the arraignment on it must take place no later than 10 days after the information is filed, unless a local rule says otherwise or the court postpones it for cause [14].
Federal court
The first event is the initial appearance before a magistrate judge [15]. On a felony, the judge must tell you about the complaint, the right to a lawyer, the circumstances for pretrial release, any right to a preliminary hearing, and the right not to make a statement; a non-citizen may ask that the consulate be notified [16]. The preliminary hearing must be held no later than 14 days after the initial appearance if you are in custody, or 21 days if not, unless you are indicted first [17]. The arraignment happens later, in open court: you get a copy of the indictment or information, it is read or summarized, and you are asked to plead [18].
Before the arraignment
- Do not talk to the police about the case. Ask for a lawyer.
- Do not talk about the case on jail phone calls. Assume they are recorded.
- Have your family gather proof of address, work and family ties for the lawyer. The family page has a list.
- If you are not a U.S. citizen, tell your lawyer before any plea is discussed. The firm's site myimmigrationplea.com covers what a criminal plea means for an immigration case.
Release is often decided at the first appearance. See bail and release. For the steps after arraignment in your court, use What happens next or the court pages for New York, New Jersey, Florida, Pennsylvania and federal court.
Sources
- N.Y. Crim. Proc. Law § 140.20(1) (rev. 2024-09-06). Current as of November 11, 2026. Official text
- N.Y. Crim. Proc. Law § 180.10 (rev. 2017-03-03). Current as of November 11, 2026. Official text
- N.Y. Crim. Proc. Law § 180.80 (rev. 2021-05-07). Current as of November 11, 2026. Official text
- N.Y. Crim. Proc. Law § 190.50(5)(a) (rev. 2014-09-22). Current as of November 11, 2026. Official text
- N.J. Ct. R. 3:4-2(a)(1) (amended eff. June 8, 2020). Current as of November 11, 2026. Official text
- N.J. Ct. R. 3:4-2(h) (eff. June 8, 2020). Current as of November 11, 2026. Official text
- N.J.S.A. 2A:162-19(e)(1) (P.L.2014, c.31, § 5). Current as of November 11, 2026. Official text
- Fla. R. Crim. P. 3.130(a) (Oct. 1, 2026 ed.). Current as of November 11, 2026. Official text
- Fla. R. Crim. P. 3.130(b)(1). Current as of November 11, 2026. Official text
- Fla. R. Crim. P. 3.160(a). Current as of November 11, 2026. Official text
- Pa. R. Crim. P. 540(F). Current as of November 11, 2026. Official text
- Pa. R. Crim. P. 540(G)(1) (amended May 2, 2024, eff. Oct. 1, 2024). Current as of November 11, 2026. Official text
- Pa. R. Crim. P. 560(A) (amended 2018). Current as of November 11, 2026. Official text
- Pa. R. Crim. P. 571(A). Current as of November 11, 2026. Official text
- Fed. R. Crim. P. 5(a)(1)(A). Current as of November 11, 2026. Official text
- Fed. R. Crim. P. 5(d)(1). Current as of November 11, 2026. Official text
- Fed. R. Crim. P. 5.1(a), (c). Current as of November 11, 2026. Official text
- Fed. R. Crim. P. 10(a). Current as of November 11, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.