Arraignment

An arraignment is typically the first in-court appearance in a criminal case after charges are filed. The presiding judge identifies the defendant, reads or summarizes the formal charges (often contained in an indictment or information), advises the defendant of certain constitutional rights, and asks for a plea — generally guilty, not guilty, or, where permitted, nolo contendere (no contest). Bail or pretrial release conditions are often set at or shortly after this stage, and counsel may be appointed for indigent defendants.

In the United States, the right to be informed of the nature and cause of the accusation derives from the Sixth Amendment, and federal arraignments are governed by Rule 10 of the Federal Rules of Criminal Procedure. Many states require arraignment to occur within a set period after arrest; for example, defendants held in custody are generally entitled to be brought before a magistrate "without unnecessary delay" under Federal Rule 5. If a defendant refuses to plead or stands mute, courts will normally enter a plea of not guilty on their behalf.

The term carries a related but distinct meaning in international criminal law. At the International Criminal Court (ICC) and the ad hoc tribunals (ICTY, ICTR), an "initial appearance" serves a similar function: the accused is informed of the charges in the confirmed indictment and invited to enter a plea. Under Article 64(8)(a) of the Rome Statute, at the commencement of trial the Trial Chamber must satisfy itself that the accused understands the nature of the charges and afford an opportunity to admit or plead not guilty.

Arraignment should not be confused with a preliminary hearing (which tests probable cause) or with indictment itself (the grand jury's charging decision). It is procedural rather than evidentiary: guilt is not adjudicated, and witnesses are not heard. Its core function is notice — ensuring the accused knows what they are charged with before the adversarial process proceeds.