Criminal Defense

What Happens At An Arraignment Hearing?

4 months ago by Justin M. Schiks

At JS Defense: Minnesota Criminal Defense Lawyer, we represent individuals facing criminal charges throughout Minnesota, including those dealing with the initial court process in Woodbury. Early on, one of our clients’ most pressing concerns is understanding what happens at an arraignment and how it affects their future.

This hearing may seem routine, but sets the tone for your entire case. Knowing what to expect can help you make informed decisions, and that’s where our legal team steps in.

What Happens At An Arraignment Hearing

In Minnesota, an arraignment called a “First Appearance” or “Rule 5 Hearing” is the first formal step in most criminal cases. During this hearing, the court advises the defendant of their rights, announces the official charges, and may address bail or conditions of release.

According to the Minnesota Judicial Branch, the arraignment is either the first court appearance in misdemeanor cases or the second hearing in gross misdemeanor or felony matters. Here’s what typically happens:

• Formal Reading of Charges: The judge reads the charges aloud.
• Explanation of Rights: Defendants are reminded of their rights.
• Plea Options: The defendant can enter a plea.
• Release Conditions or Bail: The judge sets conditions or bail.
• Appointment of Counsel: The court may assign a public defender if needed.

Can You Go To Jail At An Arraignment

You can be taken into custody at arraignment, particularly if the court sets bail and you cannot post it. According to Minnesota Rule 8, the arraignment must be conducted in open court. During a Rule 8 hearing, the court asks the defendant to plead. Still, only a guilty plea is allowed unless it’s a case involving homicide or a crime punishable by life imprisonment.

In felony cases involving homicide or potential life sentences, the defendant cannot enter any plea. The case must be presented to a grand jury within 14 days, and only after an indictment is returned can the court proceed to the Omnibus Hearing. In general:

• A guilty plea at arraignment leads to pre-sentencing procedures.
• If the plea is not guilty or deferred, the arraignment continues later.
• Defendants unable to meet bail may be held.
• The court may deny release in severe cases.

Felonies Vs. Misdemeanors: The Differences

The distinction between felony and misdemeanor charges impacts arraignment procedures:

• Misdemeanors: Lesser offenses like petty theft. Arraignment may be the only hearing.
• Gross Misdemeanors: More serious than misdemeanors. A second hearing often follows.
• Felonies: Involve serious charges. The process includes multiple hearings.

What Happens After Arraignment

Following arraignment, the case moves forward:

• Omnibus Hearing: Reviews legal issues.
• Pretrial Hearings: Allow plea discussions.
• Trial: Scheduled if no agreement is reached.

Understanding what happens at an arraignment can shape decisions, especially bail, legal positioning, and your ability to prepare a strong defense.

Waiver Of Arraignment

In some cases, arraignment can be waived by your attorney filing paperwork when charges are already understood; the case involves prior agreements, or avoiding a court appearance is efficient, acknowledging your rights through counsel.

Should I Plead Guilty At Arraignment & What Happens If I Do

Pleading guilty at arraignment is a serious decision. Consider the following:

• Guilty pleas result in conviction and sentencing.
• You lose the chance to challenge the evidence.
• A guilty plea can cause long-term consequences.

Talk with an attorney before entering any plea.

Arraignment and the Right to Counsel

Every defendant has the right to a lawyer during arraignment. Whether you hire private counsel or request a public defender, legal representation helps:

• Guide your plea or request a delay
• Advocate for lower bail
• Protect your rights from the beginning

Court Appointed Attorneys At Arraignments

Court-appointed attorneys are available if you meet financial qualifications. The court will assess income and assign a public defender if eligible.

While public defenders are trained professionals, many defendants prefer private counsel for a more personalized defense.

Final Thoughts

An arraignment in Woodbury may be brief, but its impact can be long-lasting. This hearing sets the tone for your defense from bail to plea decisions. The right legal guidance at this stage can make a huge difference.

Get a Consultation with Us

At JS Defense: Minnesota Criminal Defense Lawyer, we take arraignments seriously because we know how much is at stake. Whether you’re facing a misdemeanor or felony, you deserve an experienced defense team that knows Minnesota law inside and out.

Call us today at 952-945-7824 for a confidential consultation. Let us walk you through what happens at an arraignment before your first court date.

JUSTIN M. SCHIKS

Award-winning criminal defense attorney with a proven track record of dismissals, acquittals, and positive resolutions for his clients. For over a decade, Justin has dedicated himself to criminal and DWI defense. He has advocated for individuals through every step of a case, from pre-charge representation through pretrial hearings and trials.