Facing criminal charges is scary and overwhelming. If you or a loved one has been arrested or received a criminal complaint in Massachusetts, one of the first court dates you will encounter is the arraignment. Understanding what is an arraignment, what happens there, and why it matters can help ease your anxiety and empower you to make informed decisions about your case.
Arraignment Defined:
In Massachusetts, an arraignment is the first formal step in the criminal court process. It’s your initial appearance in court after being charged with a crime – whether by arrest or by summons. At this hearing, the court formally tells you what charges have been filed against you, and you’re asked how you wish to respond.
The arraignment is essential because it marks the transition from an investigation or arrest to an active legal case in the court system. Here’s what’s important to know: This is not where guilt or innocence is determined – that process happens later. However, the decisions made at arraignment can set the tone for the rest of your case.
When Does an Arraignment Occur?
If you’ve been arrested, Massachusetts law requires that you be arraigned as soon as reasonably possible after your arrest, typically the next business day. If you weren’t arrested—for example if you received a summons in the mail—your arraignment will occur on the date listed on that notice.
Before your name is called in court, you’ll likely meet with a probation officer. That officer gathers basic information, reviews your criminal history, and helps determine whether you qualify for a court-appointed attorney if you cannot afford one.
What Happens During the Arraignment?
Reading of Charges – The court clerk or judge will formally read the charges against you. In some cases, this reading may be skipped if you have a lawyer.
Entering a Plea – You’ll be asked how you wish to plead. Your options include:
- Not Guilty – Denying the charges and indicating you want to fight them in court
- Guilty – Admitting to the charges
- No Contest – Not admitting guilt but accepting sentencing as if you were guilty
If you don’t have an attorney at this point, the court will often enter a not guilty plea on your behalf to protect your rights.
Bail Conditions of Release – In many cases, the judge will decide whether you can be released while waiting for future court dates. This might include requiring you to pay a certain amount of money that you’ll get back later, releasing you on your promise to return, or ordering you stay away from certain people or locations.
Appointment of Counsel – If you cannot afford a lawyer, the judge will determine your eligibility for a court-appointed attorney. The probation interview assists the court in making this determination.
Setting Future Dates – Unless your case is resolved (which is uncommon at arraignment), the court will schedule dates for pre-trial conferences and other necessary steps before trial.
Why Arraignment Matters:
While the arraignment itself is often brief, it plays a critical role in shaping your case. The plea you enter determines how your defense attorney will proceed. The judge’s bail decision affects whether you can return home while your case moves forward. And the record created at arraignment lays the foundation for all future legal proceedings.
Failing to appear at your arraignment can have severe consequences, including warrants for your arrest and losing possible rights to certain defenses.
Tips Before Your Arraignment:
- Consult with an attorney before your arraignment if possible. Your lawyer can help you understand your rights, explain potential outcomes, and advocate on your behalf.
- Arrive early on the scheduled date. Courtrooms can be busy, and checking in with the probation department ahead of time is often required.
- Know your rights. You have the right to legal counsel and to enter a plea with a full understanding of what it means. An arraignment is not about proving anything or defending yourself—it’s the system’s way of officially starting your case and making sure you understand what you’re facing.
Don’t Face a Massachusetts Courtroom Alone
The decisions made during your arraignment, especially regarding bail conditions and the formal entry of your plea, will set the trajectory for your entire case. While the court may provide a duty lawyer for the day, having a private defense attorney ensures that your long-term interests, reputation, and freedom are the primary focus from the very first minute your name is called.
An experienced Boston criminal defense attorney can advocate for your release, challenge the prosecution’s initial claims, and begin the work of protecting your future before you even leave the courthouse.
Get Immediate Legal Help for Your MA Arraignment
If you or a loved one has been arrested or received a summons to appear in court, time is of the essence. Contact the Law Office of Matthew Peterson today to ensure your rights are protected from day one.
- Call Directly: 617-295-7500
- Service Area: Defending clients throughout Eastern Massachusetts and the Greater Boston area.
- Availability: Call us immediately to schedule a consultation before your scheduled court date.
