You are holding a bail bond document with your future court date written on it. It says “arraignment.” You have never been through this before, and now you are asking the question that is keeping you up at night: Will you walk out of court at your first court appearance or be taken into custody in front of your family?
The short answer is: it depends. Several factors impact whether you can go to jail at an arraignment. The possibility depends on the charges, your prior record, whether you are already in custody, and how the judge handles bail. Below, we explain if you can go to jail at an arraignment and what to expect as you walk into court for the first time.
What Happens at an Arraignment?
An arraignment is usually the first formal court appearance after someone has been arrested or charged with a crime. If you are wondering what happens at an arraignment, it involves several important steps the judge will carry out during the hearing.
Here is a breakdown of what typically takes place:
- The judge formally reads the charges filed against you;
- The court informs you of your right to an attorney, and it may appoint one if you qualify;
- You enter a plea of guilty, not guilty, or no contest;
- The judge decides whether to set bail, release you on your own recognizance, or keep you in custody; and
- Future court dates (like pretrial or trial) are scheduled.
Each step plays a crucial role in setting the stage for how your case will move forward.
Can You Go to Jail at an Arraignment?
It is a possibility that depends on whether you are already in custody, whether bail is set or denied, and the seriousness of the charges. The judge can order you into custody at the arraignment, especially in these scenarios:
- If you were released with a citation and show up for arraignment but are now facing felony charges;
- If you are considered a flight risk or a danger to the community;
- If there is an outstanding warrant or probation/parole violation; or
- If you plead guilty, the judge sentences you on the spot.
You will likely be released in most misdemeanor cases, especially if it is your first offense. However, felony cases carry a much higher risk of being held in jail.
Can You Go to Jail at an Arraignment for a Felony Case?
Yes, and it is more likely than in a misdemeanor case. Felonies like assault with a deadly weapon, robbery, gun-related charges, or especially sex offenses typically involve more restrictive bail decisions or even no bail at all. The judge may:
- Set a high bail that you must post to avoid being detained,
- Order that you remain in jail until your next hearing, or
- Deny bail entirely in rare cases involving public safety or capital crimes.
The court uses guidelines and considers the risk of non-appearance, past criminal history, and severity of the offense.
What Happens If You Plead Guilty at an Arraignment?
You may be sentenced immediately, depending on the case. However, most defense attorneys will advise against pleading guilty at arraignment until you both have reviewed the evidence, especially in felony cases. Here is what could happen:
- In a misdemeanor case, pleading guilty might result in a fine, probation, or a short jail sentence ordered on the spot; or
- In a felony case, you could be remanded into custody and sentenced after entering a plea deal.
Your plea may affect immigration status, employment, or housing eligibility. It is essential not to plead guilty just to “get it over with” unless you have spoken with an attorney and understand all the consequences.
When Jail Might Happen
Several factors increase your risk of being held or remanded into custody. Understanding these can help you prepare for court. Some common situations where the court could take someone into custody at arraignment include:
- You are charged with a violent felony. Offenses involving weapons, serious injuries, or sex offenses often prompt immediate bail restrictions.
- You failed to appear in court previously. A judge may revoke your release and remand you into custody.
- There is an active warrant or parole hold. These situations almost always result in arrest at the arraignment.
- You have multiple prior offenses. A long criminal history increases the likelihood of detention or high bail.
- You plead guilty to a charge with mandatory jail time. Some convictions can result in immediate sentencing.
While jail at arraignment is not automatic, these red flags raise the risk significantly.
Go with a Trial-Tested Defense Team
At The Law Offices of Kerry L. Armstrong, APLC, we know an arraignment can be overwhelming, especially when your freedom is at stake. We have handled thousands of criminal cases and taken over 100 to jury trial.
Led by board-certified criminal law attorney Kerry L. Armstrong, our firm brings strategic courtroom experience, personalized defense planning, and a commitment to protecting your rights from day one. In 2024, Best Lawyers® and Best Law Firms® recognized our team for our consistent results and client-first advocacy.
Whether you are charged with a misdemeanor or facing serious felony accusations, we will be there for you from the arraignment onward.
Worried About an Upcoming Arraignment? Let’s Talk Strategy
The first court appearance can significantly impact how your case proceeds, which is why you might be worried about the possibility of going to jail at an arraignment.
Do not let a single hearing derail your future. Whether you are facing jail time or hoping to walk out the same day, a solid defense strategy can give you the confidence to face what’s ahead. Contact us today to discuss your options.
Preguntas frecuentes
Do You Always Go to Jail at an Arraignment?
No. Jail at arraignment depends on the charges, your record, whether you are already in custody, and how the judge handles bail or release.
Can You Get Bail at an Arraignment?
Yes. The judge will often set bail or release you on your own recognizance at the arraignment hearing.
What is the Difference Between Arraignment and Trial?
Arraignment is your first court appearance, where a judge reads your charges and you enter a plea. The trial happens later if you cannot resolve your case through dismissal or plea agreement.
Resources:
- Judicial Branch of California, California Courts Self-Help Guide, Criminal Court Overview, link.
- Lassen County Public Defender, What Is an Arraignment?, link.
- San Diego County District Attorney’s Office, From Crime to Criminal Case, link..
Kerry L. Armstrong
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