An arraignment is your first formal appearance in court after being arrested or charged with a crime. During this hearing, the judge reads you the official charges, informs you of your constitutional rights, confirms that you have a defense attorney, asks for a plea, and addresses release or bail conditions. The judge then gives you your next court date.
What an arraignment really is
While the judge asks you for a plea, in reality 99% of people plead not guilty at arraignment. At this stage you have not had a chance to review evidence with your attorney, work on a deal, or explore options in your case. The judge expects you to plead not guilty in order to preserve all of your constitutional rights.
This hearing is really about making sure you know:
- What you are charged with
- What the maximum penalties are
- That you have a lawyer (or need one appointed)
- What your release conditions are while your case is pending
What are release conditions?
Release conditions vary depending on your history and the charges.
1. Release on Recognizance (ROR)
At the lowest level, the court may release you on your own recognizance — "ROR." This means you simply promise to come back to court. You do not have to post bail and you do not have to check in with anyone.
2. Pre-Trial Release (PTR)
The next level up is Pre-Trial Release. It is similar to probation but only while your case is pending. In Clark County, the Pre-Trial office is located in the same building as probation, at 1300 Franklin St. PTR means doing either in-person or phone check-ins with the Pre-Trial office.
If you have past warrants, past criminal history, or the judge has public safety concerns, they may place you on Pre-Trial Release. Read your release conditions paperwork carefully. Following these conditions is part of what keeps the court from imposing bail.
The Pre-Trial Release office can be hard to reach — if you cannot reach anyone by phone, try going in person.
DUI cases can have specific release conditions such as an ignition interlock requirement or drug and alcohol monitoring. If this applies to your case, we can discuss what to expect.
3. Bail
At the highest level, the court can impose bail. If you have very extensive warrant history or the court has serious public safety concerns, they can require you to post bail. If you are unable to post bail, you could remain in custody while your case is pending. This is very rare at an arraignment and is something I will discuss with you if I think it is a possibility.
What does NOT happen at arraignment
This is not an opportunity to talk about the facts of your case. Everything in court is being recorded, and what you say can be used against you. Even innocent statements may be unintentionally incriminating.
Your first meeting with your lawyer is the right time to talk about the facts — bring any evidence or documents you have and ask your questions there.
If you have been arrested or cited for a crime and have an upcoming arraignment on a misdemeanor charge, now is a great time to contact me. I can assist you through every stage of your criminal case.