In most cases you are arrested on charges that the officer feels are appropriate, official charges you will face are determined after arrest when the DA (District Attorney) reviews the evidence and makes the charging decision. You get informed of the official charges against you at the first Court date which is the arraignment. In order to understand the difference between the Arrest and the Arraignment, we need to define the terms so you understand each proceeding.
You may be arrested for various crimes by law enforcement, but you are not charged and officially informed of the charges until your first court appearance, the arraignment, where you are formally advised what charges are being brought against you by the prosecutor. The prosecutor (usually the District Attorney in state cases – DA) reviews the arrest reports, evidence and what you were arrested for, then decides whether to file charges and what charges to file. Charges may be rejected and not filed for lack of evidence or charges may be filed that are the same, different, or additional to your arrest charges. A formal complaint given to you at the arraignment outlines exactly the charges you are facing. You are not charged until the case is reviewed by the DA and the actual charge sheet or complaint is filed with the Court. Sometimes charges are filed before your arrest if investigation of the crime is completed before you were arrested, then you are still formally advised of these charges at the arraignment.
What Is an Arrest?
An arrest occurs when law enforcement takes a person into custody because they are suspected of committing a crime. This process involves:
- Being Taken Into Custody:
A person is detained by police, either at the scene of the alleged crime or after an investigation leads to their identification as a suspect and you are under arrest. - Probable Cause:
For an arrest to be lawful, police must have probable cause—reasonable grounds to believe the person committed a crime. This may be based on evidence, witness statements, or direct observation. - Booking Process:
A person may be cited with a citation with a future court date for minor offenses or may be taken into custody depending on the charge and circumstances. After being taken into custody, the suspect is then transported to jail for booking and the defendant is set for the first Court appearance or arraignment.
What Is an Arraignment?
An arraignment is a formal court hearing that takes place after an arrest. During this hearing:
- The Defendant Is Formally advised of the Charges:
The court informs the defendant of the specific charges filed against them. - Rights Are Explained:
The judge ensures the defendant understands his/her legal rights, including the right to legal representation and the right to a trial etc. - Plea Is Entered:
The defendant normally would enter a “Not Guilty” plea so the the case can be continued for the defense to review evidence, check for defenses and mitigation, complete further investigation and charge negotiation. Possible pleas of Guilty or No Contest usually are not entered, but could be depending on the case and situation after a careful review with a Criminal Defense attorney to understand the effect and consequences of the plea and whether it is appropriate at such an early stage of the proceedings. - Bail or Release Conditions Are Set:
The judge may decide whether the defendant can be released on bail, their own recognizance, on certain terms or must remain in custody pending trial.
How These Steps Fit into the Legal Process
- Arrest: Marks the beginning of the legal process, where the suspect is taken into custody.
- Arraignment: Moves the case into the court system, where legal proceedings are formally initiated and usually set for further proceedings to negotiate charges, further hearings and/or set the case trial.
Both steps are critical for ensuring due process and protecting the rights of the accused.
Why Understanding the Difference Matters
Understanding the difference between an arrest and an arraignment can help you navigate the legal system more effectively, whether you’re a defendant, a loved one, or simply someone wanting to learn about the process. Each step has its own procedures and rights, ensuring fairness and accountability in the justice system. It is important to contact a Criminal Defense Attorney as soon as possible to understand the process and review the case for possible defenses and advise you on defenses, possible settlements, further investigation, and mitigation. All of which can help you get the best resolution in your case.