What to Expect at Your Arraignment

The criminal court procedures can be intimidating for anyone.  If you are facing misdemeanor or felony charges, you probably have a host of questions and concerns about how the system works and what to expect.

The first court appearance you will probably face is known as an arraignment, sometimes called an “initial appearance.”  This proceeding is sometimes held through video teleconferencing at the jail (if you have been arrested) and is typically held before a judge or a magistrate.  An arraignment can also be held in criminal court following the return of an indictment or presentment.

The purpose of an arraignment is to make sure that a bond has been set, that you are aware of the charges, to allow you to obtain a lawyer, and to schedule future court dates.  In Tennessee, arraignments are usually held within a few days of your arrest, if you are being held in jail.  If you posted bail or were issued a citation, or were indicted, the arraignment will usually occur within a few weeks.

In a normal arraignment, the following typically occurs:

• You are presented with a written accusation that has been prepared by the prosecutor.
• The written accusation is read in open court.
• You are allowed to apply for court-appointed counsel or to have your experienced criminal defense attorney by your side
• The judge will usually request the entry of a plea of not guilty or guilty.  Pleading not guilty is best until you have had a chance to consult with your attorney.
• The judge will set a tentative schedule for further court  appearances, such as a pretrial conference, a preliminary hearing, a hearing on pretrial motions, and the trial.
• The judge will decide any unresolved bail issues, such as setting it, raising it or lowering it, or you may be released on your own recognizance.

Being introduced to the criminal court system through an arraignment can be frightening.  However, it will be less so if you have an experienced Williamson County criminal defense attorney on your team prior to your arraignment because your lawyer will be able to help you prepare for that hearing and all future court appearances to get you the best possible outcome.