Facing your first appearance in criminal court can feel overwhelming, especially if that case involves a NJ DUI first court appearance or another serious charge. The legal language is often unclear, and you might be anxious if you don’t know what to expect.
The good news is that arraignments follow a predictable structure, which is meant to protect your Constitutional rights while the court moves the case forward. If you have a skilled criminal defense attorney at your side, they can help you prepare for this initial appearance.
What Is an Arraignment?
An arraignment is your initial appearance in a criminal prosecution. During this hearing, the judge will ask if you understand the charges, advise you of your rights, and ask for your plea.
If you have searched “What is an arraignment” or “What happens at an arraignment,” think of it as the official moment when the court registers the criminal case against you and sets the rules for everything that follows. Nothing is decided regarding your guilt or innocence. You don’t have to worry about entering a guilty plea or a not guilty plea. Instead, the focus is on procedure, notice, and scheduling.
When and Where Does Arraignment Happen in New Jersey?
The timing depends on the severity of your charges. For indictable crimes (equivalent to felonies in other states), arraignment typically occurs in the Superior Court of the county where the alleged offense took place. The hearing typically happens within 14 days after the grand jury hands down an indictment.
For disorderly persons offenses and traffic crimes, the arraignment occurs in the local Municipal Court. This is often as soon as the first court date printed on your summons.
It’s important that you are present for this appearance, whether it takes place in person or via video conference. Ask your attorney to review the notice you receive, and be sure to show up on time. If you fail to appear, you could be subject to a bench warrant for your arrest.
Your Rights at Arraignment
Your Constitutional rights include the following:
- Right to Legal Counsel – You may hire a criminal defense lawyer or, if eligible, request a public defender.
- Right to Be Informed of the Charges – The judge (or clerk) must read the complaint or indictment aloud or summarize it.
- Right to Remain Silent – You don’t have to explain yourself or testify.
- Right to a Copy of Discovery – The State must eventually provide police reports, videos, lab results, and other evidence.
- Right to Reasonable Conditions of Release – Under New Jersey’s bail-reform system, detention is reserved for high-risk cases. Most criminal defendants are released on monitoring conditions instead of cash bail.
By understanding these rights, you’re less likely to make critical mistakes, such as volunteering damaging information or agreeing to unnecessary or unlawful restrictions.
What Happens Step-by-Step During the Arraignment
While your attorney should prepare you for what happens during an arraignment, this step-by-step guide is a basic overview of what you can expect:
- Calling the Case – The court officer announces your name and docket number.
- Identification on the Record – You confirm your identity for the judge.
- Reading Charges – The complaint or indictment is stated so the record shows you were notified.
- Discussion of Counsel – The judge verifies that you have, or intend to obtain, legal representation.
- Entering a Plea – You plead guilty or not guilty (or, in Superior Court only, not guilty by reason of insanity). Most defendants plead not guilty to preserve potential defenses and allow negotiation time.
- Bail or Release Assessment – The Pretrial Services Program presents a risk score. The judge sets conditions such as reporting, travel limits, or pretrial detention. This is often where people ask, “Can you go to jail at an arraignment?” Jail can happen if the court orders detention for a high-risk individual, but most first-time, low-level defendants go home under supervision.
- Scheduling Orders – The judge sets discovery deadlines, motions dates, and the next court appearance. This is usually called the status conference or pretrial conference.
- Admonitions and Adjournment – The judge warns you to comply with release terms and appear at every future hearing. Then, you receive paperwork summarizing everything that just occurred.
Common Questions About the Arraignment Process
Most clients have numerous questions about what to expect at their arraignment. Here are some of the most common ones:
Q: Will the prosecutor offer a plea deal right away?
A: Sometimes, the prosecutor may hint at an early plea. However, meaningful negotiation usually starts after discovery is complete.
Q: Do I have to speak?
A: Beyond basic identification and stating your plea, you are under no obligation to answer questions. Your attorney can do the talking.
Q: Can my family attend?
Yes. Arraignments are public unless the judge seals the record. Sealing the record is very rare.
Q: What if I miss the date?
A: You should make every effort to attend every court date. If you miss your arraignment, the court issues a bench warrant, the police can arrest you without warning, and any release conditions become far stricter. If there is an emergency, such as being involved in an accident on the way to court, inform your attorney immediately.
Why Legal Representation Matters at Arraignment
The earlier you have an attorney on your side, the better your rights can be protected. A skilled lawyer can do the following:
- Negotiate favorable release terms so you stay employed and with your family
- Protect you from making admissions that prosecutors later use against you
- Demand timely discovery and file motions that preserve evidence or suppress illegally obtained statements
Attorneys can also explain your options in plain language, giving you reassurance when the process feels overwhelming.
How Our NJ Criminal Defense Attorneys Can Help
If you’re expecting an arraignment in New Jersey, whether for an indictable offense or a disorderly persons offense, the experienced team at Keith Oliver Criminal Law can help. Our firm leverages deep knowledge of prosecutorial practices and local court procedures to secure the best possible release terms possible.
We attend every hearing, know how to challenge weak evidence, and can negotiate aggressively with prosecutors. Don’t enter court unprepared. Contact Keith Oliver Criminal Law today or call our office for a confidential case evaluation.
