An arraignment is your first formal court appearance after a criminal charge in Massachusetts. It typically happens within 1–3 business days of your arrest — sometimes the next morning. Understanding what to expect, and having an attorney present, changes the outcome at this critical first stage.
What Is an Arraignment in Massachusetts?
At arraignment in Massachusetts, a judge formally reads the charges against you and asks how you plead. You will plead not guilty at this stage — this is standard and expected regardless of the facts. An arraignment is not a trial. No evidence is presented, no witnesses testify, and no verdict is reached. It is simply the formal start of the criminal court process.
What a Judge Decides at Arraignment
Three things happen at every Massachusetts arraignment that directly affect your life:
The judge sets your bail — the amount required to be released from custody while your case proceeds. An experienced attorney argues for low or no bail.
Conditions may include staying away from the alleged victim, surrendering your passport, wearing a GPS monitor, or submitting to drug testing.
The judge schedules your pretrial conference — your attorney uses this time to review evidence and begin building your defense.
Why You Need an Attorney at Your Massachusetts Arraignment
Arraignment is not just a formality. The bail decision made in those few minutes can mean the difference between going home that day or sitting in jail for weeks while your case proceeds. An attorney who knows the judge, the prosecutor, and the courthouse can argue effectively for your release on your own recognizance (no bail) or a minimal bail amount.
Additionally, in domestic violence, restraining order, and certain drug cases, the arraignment produces conditions of release that directly affect where you can live, who you can contact, and whether you can possess firearms. Attorney Clifford prepares specifically for these arguments at every arraignment across all 14 Massachusetts counties.
What to Wear and What to Say at Arraignment
Dress conservatively — clean, professional clothing makes a difference. When the judge asks for your plea, say "not guilty." Do not volunteer any information, explain the facts of the case, or argue with the prosecutor in the courtroom. Let your attorney speak on your behalf.
What Happens After Arraignment in Massachusetts?
After arraignment, your case moves to a pretrial conference — typically scheduled 4–8 weeks later. Between arraignment and the pretrial conference, your attorney reviews the police report, requests discovery (all evidence the prosecution has), identifies constitutional issues, and begins building your defense strategy. This is the most important phase of your case.
Frequently Asked Questions — Massachusetts Arraignment
Technically yes, but it is a serious mistake. The bail decision, conditions of release, and first impressions with the court all happen at arraignment. An attorney who knows the court and the prosecution can dramatically change the outcome of your arraignment.
A typical Massachusetts arraignment takes 5–20 minutes in the courtroom. However, you may wait several hours at the courthouse before your case is called. Bring your attorney — they can often get you called earlier.
If bail is set and you cannot pay it, you remain in custody until your next court date or until bail is paid. Your attorney can file a motion to reconsider bail after arraignment. Attorney Clifford does this regularly in Massachusetts courts.
No. Arraignment is the formal reading of charges and bail hearing — no evidence is presented and no verdict is reached. A trial happens much later, if the case is not resolved beforehand through dismissal, CWOF, or a plea.
Frequently Asked Questions
Technically yes, but it is a serious mistake. The bail decision, conditions of release, and first impressions with the court all happen at arraignment. An attorney who knows the court and prosecution can dramatically change your outcome.
A typical Massachusetts arraignment takes 5–20 minutes. However, you may wait hours at the courthouse. An attorney can often get your case called earlier.
If you cannot pay bail, you remain in custody until your next court date. Your attorney can file a motion to reconsider bail after arraignment. Attorney Clifford does this regularly in Massachusetts courts.
No. Arraignment is the formal charge reading and bail hearing — no evidence is presented and no verdict reached. A trial happens later, if the case is not resolved through dismissal, CWOF, or plea.