What to Expect at Arraignment: A Step-by-Step Timeline

Key Takeaways:

• This is the first formal court appearance in the criminal felony prosecution
• The Defendant is required to enter a plea of guilty or not guilty
• The Judge confirms that all discovery (evidence) has been provided to the defendant
• Motions and applications are discussed and scheduled
• The next court date, called an Initial Disposition Conference, is scheduled

Facing a felony charge is incredibly daunting, and for many, the arraignment is their first real interaction with the criminal justice system. Knowing what to expect can help clear the fog of anxiety and empower you to make better decisions.

If you are facing a felony charge (referred to in New Jersey as an indictable offense), here is a breakdown of what typically happens during the arraignment.

Stage 1: Formal Reading of Charges

At the arraignment, the judge formally reads the charges filed against you. During this process, the Judge will read your indictment and inform you of:

• The felony counts charged
• The potential penalties if convicted
• Your constitutional rights, including the right to remain silent and the right to an attorney

This is not the trial. It is the formal beginning of the court process. If you have an attorney, your attorney will “waive a formal reading” of the charges.  This is because you and your attorney have already been provided with a copy of the indictment. Your attorney will have explained the charges, the penalties and the arraignment process.  It also avoids your charges being read in open court.

Stage 2: Confirmation of Legal Representation

The court will confirm whether you have an attorney. If you do not, the judge will inquire as to whether or not you want to proceed with an attorney or without an attorney. Proceeding without an attorney is called proceeding “pro se”.  Pro se is a Latin phrase that translates literally to “for oneself” or “on one’s own behalf.”

If you are going to proceed with an attorney, and you have not already hired one:

• The judge may appoint a public defender (if you qualify), or
• Continue the hearing to allow you to retain private counsel

Having representation at this stage is critical, especially if there are issues regarding pre-trial detention.

Stage 3: Plea Entry

You are required to enter a formal plea at your arraignment.  In New Jersey, there are two possible pleas:

• Guilty
• Not Guilty

In some jurisdictions, defendants can enter a plea of “no contest” or “nolo contendre”. This is where you do not admit any conduct or guilt, but you accept a punishment for the charges.  New Jersey does not have a no contest plea.

In most felony cases, defendants will enter a not guilty plea at arraignment. This protects your rights and allows your attorney to review evidence before making strategic decisions.

Stage 4: Allegations and Plea Offer

The Judge may ask the Prosecutor to advise the court of the allegations and the plea offer.  The Assistant Prosecutor will then briefly and broadly describe the claims and allegations against the defendant and what it indents to prove at trial.  The Assistant Prosecutor will then tell the court what the initial plea offer is and any terms associated with the offer. Some plea offers are help “open” until the next court appearance, at which time they can or may increase to a higher offer.

There is no requirement that a defendant be extended a plea offer, but the vast majority of cases have plea offers extended.  If there is no plea offer, the defendant can “plead open” to the charges.  This is where the defendant pleads guilty to all charges and no representations are made by the State or the Judge as to what the sentence will be.

Stage 5: Status of Discovery and Potential Applications

Following the formal reading of charges, the court shifts its focus to the “discovery” phase and upcoming legal motions.  The judge will ask about the status of discovery, which is the evidence the prosecution has gathered against you (such as police reports, witness statements, or video footage). Discovery is required to be provided in advance of the arraignment, but often times it is not. It is crucial to have an attorney during this proceeding, because and attorney can review the discovery to determine if any remains outstanding.

The court will ask if either the State or the Defense intends to file specific legal applications. This is a critical window to influence the direction of your case. Common examples include a Motion to Suppress Evidence, Application for Pre-trial Intervention (PTI), Application for Recovery Court and/or other applications or Motions pertaining to discovery or preparation for trial.

Judges typically set strict deadlines during the arraignment, requiring these motions or applications to be filed before the next court date. Missing these deadlines can result in losing your right to file them entirely. This is another reason why representation at arraignment is critical.

Stage 6: Scheduling the Next Court Date

Before the arraignment concludes, the court will schedule the next court date. The next court date is referred to as an Initial Disposition Conference (IDC), which is typically scheduled a few weeks out.

After IDC, the Court will schedule a Final Disposition Conference (FDC).  If more time is needed, the Court may grant a Discretionary Disposition Conference (DDC).

Once all the motions and applications are complete, the Court will schedule a Pre-trial Conference (PTC), which is commonly referred to as Plea-Cut Off.  This is where the defendant must either enter a plea or schedule the matter for trial.

Get the Legal Advice that You Need in Your Case

If you or someone you know is facing felony charges in Superior Court, we can help.  The criminal defense lawyers of Rosenberg, Perry & Associates, LLC, can evaluate the allegations of criminal actions against you and develop the defense strategy most likely to be successful in your case. Legal advice and representation can be crucial to a positive outcome in your case. You can reach us by calling or texting us at (609) 216-7400 or visit us online.