Bail Questions • After an Arrest • Arizona
What Is an Arraignment?
An arraignment is the court hearing where the charges are formally read and the defendant enters a plea, almost always not guilty at that stage.
Quick answer
An arraignment is the court hearing where the charges are formally read and the defendant enters a plea, almost always not guilty at that stage. In Arizona Superior Court, Rule 14.1 requires it within 10 days after the indictment or information if the person is in custody, 30 days if out of custody.
What happens at an arraignment
An arraignment is short and procedural. The judge confirms the defendant's identity, reads or summarizes the formal charges, confirms that the defendant has a lawyer or appoints one, and takes a plea. At this stage the plea is almost always not guilty, because the defense has not yet received the full evidence. The judge then sets the next dates: a pretrial conference, disclosure deadlines, and eventually a trial date.
In Maricopa County Superior Court the arraignment is the first hearing after the prosecutor has formally charged a felony by indictment or information. Release conditions and bail can be reviewed at the same hearing. A defense attorney can ask the judge to lower bail or change conditions, and the prosecutor can ask for the opposite. The Superior Court handles felonies; city and justice courts handle most misdemeanors.
Arraignment versus initial appearance
People confuse the two because both happen early. The initial appearance comes first, within 24 hours of arrest under Rule 4.1, at the Initial Appearance Court in the 4th Avenue Jail complex. That is where the judge sets release conditions and bail under A.R.S. 13-3967 based on the arresting officer's probable cause statement. No plea is entered.
The arraignment comes after the prosecutor files formal charges. In Superior Court, Rule 14.1 requires it within 10 days after the indictment or information is filed if the person is in custody, and within 30 days if the person is out. In city and justice courts the arraignment is often combined with the first appearance for misdemeanors, so a person cited and released may have the arraignment as their first court date. Check the court record rather than relying on the jail paperwork for the date.
How bail and release conditions work at arraignment
A bond posted at the initial appearance stays in force through arraignment and until the case ends. The defendant does not post again. The cosigner's promise, and any collateral, remain in place until the court exonerates the bond after dismissal, plea, acquittal or sentencing.
Arraignment is also a common point for bail to change. With more information about employment, residence and family ties, a defense attorney can ask the judge to reduce the bond or release the person to pretrial services. The prosecutor can ask for a higher bond or stricter conditions if new facts have emerged. If the judge raises bail, the existing bond does not cover the increase and a new bond or additional amount must be posted. If the judge lowers it, the surety bond already on file continues; the premium, typically 10% of the original bail, is not recalculated or refunded.
What happens if you miss the arraignment
Missing an arraignment is a failure to appear. The judge issues a bench warrant, and the court starts bond forfeiture under Rule 7.6 and A.R.S. 13-3974: notice to the surety, a hearing date, and a window in which the agent can return the defendant before judgment on the bond. A new charge can follow, under A.R.S. 13-2506 in felony cases and A.R.S. 13-2507 in misdemeanor cases.
If the date was missed for a documented reason, a defense attorney can ask the court to quash the warrant and reset the hearing, and judges often do when the person acts the same day. The cosigner should call the agent immediately, because the agent's ability to keep the bond alive depends on getting the defendant back in front of the judge. Our failure to appear page explains the sequence.
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Related Questions
Do you go to jail at an arraignment?
Usually not. A person who was released on own recognizance or on a bond goes home after the hearing unless the judge changes release conditions. A person still in custody is returned to the jail. The arraignment is a plea and scheduling hearing, not a sentencing.
Can you plead guilty at an arraignment?
A plea is entered at arraignment, and at that stage it is almost always not guilty, because the defense has not yet seen the evidence. Whether and when to change a plea is a decision for the defendant with a defense attorney, usually much later in the case.
Do you need a lawyer at an arraignment?
A person who cannot afford counsel is screened at the initial appearance and the Public Defender or conflict counsel is appointed, so most defendants have a lawyer by arraignment. A family can hire a private attorney at any point, and the public defender then withdraws.
How long after an arrest is the arraignment?
It depends on when the prosecutor files formal charges. Once an indictment or information is filed in Superior Court, Rule 14.1 requires arraignment within 10 days for a person in custody and 30 days for a person out of custody. Misdemeanor arraignments in city court are often the first setting after release.
Does a bail bond still cover the case after arraignment?
Yes. The bond posted at the initial appearance stays in force until the court exonerates it at the end of the case, which can take months. No second premium is owed unless bail is raised and a new bond is needed. Call One Stop Bail Bonds any hour and an agent will walk you through it.