What Will Happen During Your Arraignment?

An arraignment is the first formal presentation of charges to the defendant, who must enter a plea. The defendant may plead guilty, not guilty, not guilty by reason of insanity, or no contest (nolo contendere). If the defendant refuses to enter a plea, the judge will enter a plea of not guilty on their behalf. Also, the judge can raise or lower the defendant’s bond, if any. In larger counties, an assistant prosecuting attorney is assigned to the case after arraignment (in some cases, the same prosecutor will be assigned from the onset) and the case is added to a judge’s docket. The court, with input from the prosecutor and defense attorney, sets a trial date and hearing dates on pretrial motions. The trial date may change because of requests for continuances in the case or because of other cases on the trial docket for that day. 

An arraignment will typically occur post an arrest, but it must occur within a reasonable time. An unreasonable delay violates the defendant’s federal constitutional Sixth Amendment right to a speedy trial. If a criminal complaint, information, or indictment is issued and the prosecutor’s office or the court does not schedule the case for arraignment until months or years later, the defendant’s attorney can ask that the case be dismissed because of the delay. The judge must review the circumstances of the delay and determine whether said delay was unreasonable. If the delay was unreasonable, the case will be dismissed. Typically, individuals must be brought before a judge within 48 hours of their being held.  

Delays can happen, and they are undoubtably frustrating for the accused. However, it is best to consult and retain an attorney as soon as you have been arrested, so you have an experienced criminal defense attorney in your corner from the start. Here is the nature of events during an arraignment in deeper detail.  

Advisement of Rights: 

Judges will notify you of your constitutional rights at arraignment, such as the right to a speedy trial, such as the right to trial, the right to counsel, the right against self-incrimination, and their right to an attorney.  

In some states, the defendant has a constitutional right to be represented by counsel at arraignment. If the defendant wants an attorney present, the court cannot arraign the defendant without giving the defendant an opportunity to obtain counsel or appointing a public defender. In Missouri, the defendant will file an application with the Public Defender’s Office, at which point the defendant will be paired up with an attorney to represent them.  

Formally Charged and Entering a Plea:  

Next, the judge will ask the accused if they want the charges formally read out loud in the courtroom, or if they waive reading of the charges. If a defendant is familiar with the charges, they may not wish to have everyone in the courtroom hear the specific allegations that have been made against him or her. This would be a good reason to waive formal reading of the charges.  

 After this, they will be required to enter a plea of guilty or not guilty. As mentioned briefly earlier, a defendant may also enter an “Alford” plea, which basically acts as a guilty plea but acknowledges that the prosecutor has enough evidence to prove he committed the crime. Even though it acts as a guilty plea, the defendant does not admit guilt in a no contest plea. A judge would not typically be accepting this type of plea at arraignment as it typically requires more time. 

Setting a Pre-trial Release:  

An arraignment will typically include setting conditions of release, if necessary. In deciding whether to release the defendant pending completion of the case, courts primarily consider whether the defendant is a danger to the community, the defendant’s criminal record, the defendant’s ties to the community (how long he has lived in the community and whether he has family nearby), whether the defendant is employed in the community and for how long, and whether the defendant has any history of failing to appear for court. These considerations will all help the judge to set an appropriate bond amount, or let the defendant be released upon his own recognizance, or promise, to appear at his court date if the crime is minor.  

There is a constitutional right to be released on bond unless you are a potential danger to the community or you are a flight risk, meaning you have a proven track record of failing to appear at your court dates. Thus, if the judge decides either of these factors exist, you may be denied bail. An arraignment can be confusing, so ensure you have a reputable, experienced attorney at your side to walk through this experience with you.  

Do You Need a Lawyer Present at Your Arraignment?

You are not legally required to have a lawyer at an arraignment — you have the right to represent yourself — but Missouri law recognizes your right to counsel, with procedures for appointing counsel and for waiver. Qualifying defendants who cannot afford an attorney may receive court-appointed representation (Mo. R. Crim. P. 31.02). Having a defense lawyer at your arraignment matters: counsel can advocate for release or less restrictive bond conditions, and helps defendants avoid statements that could harm their defense.

• Securing Release: Your attorney can argue for release on your own recognizance (OR bond) or reduced cash bail amounts.
• Formal Defense Entry: Depending on the defendant’s decisions and case procedure, counsel may waive the formal reading of charges, enter a Not Guilty plea, and make early requests for discovery — though discovery does not have to begin at the arraignment itself.
• Avoiding Mistakes: Unrepresented defendants risk making statements that hurt their case or accepting onerous pre-trial monitoring conditions.

Why Should You Plead Not Guilty at Your Arraignment?

Pleading Not Guilty at your arraignment preserves your ability to contest the charge and forces the state to satisfy its burden of proof beyond a reasonable doubt. It does not prevent negotiating favorable plea bargains or charge dismissals later in the process.

• It Preserves the Ability to Contest the Charge: A not-guilty plea is not a waiver, but it does not pause or extend deadlines. Counsel must still file required requests and motions on time — in Missouri, discovery requests generally must be made within 20 days after arraignment (Mo. R. Crim. P. 25.02), and suppression motions generally must be raised before trial (Mo. R. Crim. P. 24.05).
• Contrast With a Guilty Plea: Pleading guilty waives trial rights and generally limits challenges to what happened in earlier proceedings, but it does not eliminate every possible constitutional or post-conviction claim.

What Happens If You Miss an Arraignment Hearing in Missouri?

Failing to appear at a scheduled court arraignment can lead to an arrest warrant, bond forfeiture, and other consequences — though the applicable procedures and circumstances matter, and these outcomes are not automatic.

• Bench Warrant: The court can issue a Failure to Appear (FTA) arrest warrant, which law enforcement may execute during routine encounters or traffic stops.
• Additional Charges: Under § 544.665, a person released on recognizance or bond who knowingly fails to appear as required may face a separate criminal charge — it is not an automatic new charge for every missed hearing.
• Recalling the Warrant: A defense attorney can ask the judge to recall the bench warrant and reschedule the appearance. Filing the motion does not cancel the warrant by itself — the judge must grant relief.

How Long After an Arrest Is an Arraignment Held in Missouri?

Missouri law distinguishes between an initial appearance and an arraignment. They are not the same thing. Under Rule 22.07, a defendant confined under an initial felony warrant must receive an initial appearance promptly — no later than 48 hours, excluding weekends and holidays, after confinement under that warrant in the issuing county (or a county contracted to hold the defendant). That is not a blanket arraignment deadline measured from every arrest. Arraignment under Rule 24.01 involves the indictment or information and entering a plea.

• In-Custody Defendants: If you are held in jail under a felony warrant, you must be brought before a judge promptly for an initial appearance, within the Rule 22.07 time limit.
• Out-of-Custody Defendants: If you were released or served with a summons, the timing of later court dates depends on the court, the charge, and the procedural stage — follow the date, time, and courtroom listed on your summons or court notice.

The earlier in the process you have help, the better positioned you are. A Springfield criminal defense lawyer can appear with you, explain the bail bond process in Missouri, and make sure early deadlines are met. For more on what happens at the point of arrest, see our guide to your Miranda rights during an arrest.