You were arrested. You made bond. Now a paper in your hands lists a date for “arraignment,” and you have probably been worrying about it ever since.
The reality is simpler. Arraignment is usually the briefest proceeding in your whole case. It often lasts only a few minutes. Still, the things you do there, and the things you avoid doing, remain important.
Arraignment Is Not a Trial
A lot of people come to arraignment expecting to be decided upon. That is not what happens.
No one determines guilt at arraignment. There is no jury. No witnesses testify. No evidence is introduced. No one asks you to tell your side.
Arraignment is a procedural court appearance. Its purpose is to officially begin the case in court. Nothing more.
Three Things Happen at Arraignment
1. The charge is read. The court announces what the State claims you did. In actual practice, your attorney will often waive the formal reading, since you already know the charge and there is no need to spend time on it.
2. You enter a plea. In nearly every case, that plea is not guilty.
3. The judge sets your next date. This becomes the working schedule for your case: motion deadlines, hearings, and ultimately a trial date.
After that, you leave. For many people, the toughest part of arraignment is simply waiting in the hallway beforehand.
Why “Not Guilty” Is Not a Lie
This is where many people get stuck. Some feel uneasy saying “not guilty” when they know something happened that night.
A not guilty plea at arraignment is not a declaration about the facts. It is a placeholder. It keeps every path available.
Consider your position at arraignment. Your lawyer may not yet have the police report. Discovery has not been produced. No one on your side has reviewed body camera footage, examined lab results, or tested whether the stop or search was lawful.
If you plead guilty on day one, you surrender leverage before anyone has examined the evidence. A not guilty plea preserves that leverage while your lawyer determines whether the State can actually prove the case.
What Does Not Happen at Arraignment
Since no one is making substantive decisions, arraignment is not the moment to explain yourself.
Do not give the judge your version of events. Do not debate the prosecutor. Do not discuss the case with anyone in the courtroom, the hallway, or the parking lot.
What you say at arraignment does not help you. It becomes part of the record. If you have something to say about the case, speak privately with your lawyer.
Why Arraignment Still Matters: The Clock Begins
If the hearing is so short, why does it matter?
Because it starts the clock. Once you enter your plea, the deadlines that drive the case begin running. Discovery. Motions to suppress evidence. Motions to quash. The trial setting.
That period between arraignment and trial is where cases are actually won. It is the stage where your lawyer obtains the evidence, identifies weaknesses, and challenges what the police did. Some of those challenges have deadlines tied to arraignment. If you miss them, you may lose the chance to raise them.
That is why it matters who stands beside you on that first court date.
Your One Job: Show Up. Be on Time.
At arraignment, your only job is to appear and arrive early.
If you miss arraignment, the court can issue an attachment for your arrest and place your bond at risk. Then you have two problems rather than one, and the second is completely avoidable.
A few practical rules:
-Arrive early. Security lines and crowded courtrooms consume time.
- Dress as though it matters. The judge is forming an impression of you. Dress accordingly.
- Check in with your lawyer before your case is called.
- Turn off your phone. Better still, leave it in the car if you can.
- Let your lawyer do the talking.
Before Your Arraignment, Speak With a Lawyer
The best time to retain a criminal defense lawyer is before your first court date, not afterward. A lawyer involved from arraignment onward can move discovery forward, protect your deadlines, and begin building a defense while the evidence is still fresh.
Be polite. Be quiet. Fight SMART.
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*Stephen D. Hébert is a criminal defense attorney and former prosecutor with offices in New Orleans and Gretna. He represents clients in Orleans, Jefferson, St. Charles, St. John, Lafourche, and Terrebonne Parishes, as well as in federal court. If you have an upcoming arraignment, call (504) 250-6020.*
*This article is for general information only and is not legal advice. Every case is different. Reading this article does not create an attorney-client relationship.*