If you have a court date for a criminal charge in Massachusetts, the first formal appearance is usually called an arraignment. In plain English, that is the court date where the case formally begins: the charges are stated on the record, you get counsel if you do not already have a lawyer, you typically enter a not-guilty plea, and the court addresses release — bail, conditions, or, in some cases, a request for a dangerousness hearing.
This guide explains what an arraignment usually involves in Massachusetts District Court, Juvenile Court, and Superior Court practice. Procedures can vary by courthouse and by whether you arrive on a summons or from lockup. Treat what follows as practical orientation, not a script for every courtroom. When in doubt, follow your lawyer’s advice for your specific case and court.
What an arraignment is — and what it is not
An arraignment is the first formal court appearance on a criminal complaint or indictment. At a high level, the court typically identifies you as the person named in the charging document; informs you of the charges (often by having the clerk read them, or by confirming that you and counsel waive a full reading); addresses your right to counsel; takes a plea — almost always not guilty at this stage; addresses bail and conditions of release if those issues are raised; and sets the next court date, commonly a pre-trial conference.
An arraignment is not a trial. The judge is not deciding guilt beyond a reasonable doubt. Witnesses are usually not called to prove the case. You are generally not expected to tell “your side of the story” from the microphone. The court is starting the case, protecting your rights, and deciding the immediate practical question of release while the case proceeds.
One consequence matters later: arraignment typically creates a formal entry on your CORI (criminal record). That does not mean you have been convicted. It does mean the court process has begun in a way that can show up on certain background checks until the case is resolved and, in some situations, until a record is sealed. For what can happen after arraignment — diversion, dismissal paths, CWOF, pleas, and more — see the related posts at the end of this article.
Summons arraignment vs. in-custody / lockup arraignment
Summons (you were not held overnight). Many lower-level cases start with a summons or a notice to appear. You arrive at the courthouse on your own, meet your lawyer, and typically check in with Probation so the court knows you are present. You wait for the session to call the case. If everything goes routinely, you leave the same day after the next date is set — unless bail or conditions become contested.
In custody / lockup. If you were arrested and not released by a bail magistrate, you may be brought to court from the police lockup or a house of correction. Your lawyer (or appointed counsel) still speaks for you. Bail and conditions are often the central fight of the day, because release is not automatic. Families should plan for the possibility that cash bail or conditions will be discussed, and that posting may take time after the hearing.
A related path: after an arrest when court is closed, a bail magistrate may release you with a promise to appear or after posting bail, and you then return later for the formal arraignment before a judge. The magistrate’s decision is temporary. The judge at arraignment can revisit bail and conditions. For the arrest-to-bail sequence, see What Happens When I’m Arrested? and Bail Basics in Massachusetts.
Before you walk into the courthouse
The old short version of this post was essentially a courthouse checklist. That practical advice still holds — cleaned up and expanded.
Dress as if the day matters. Courtrooms are formal spaces. Clean, conservative clothing helps keep attention on the legal issues rather than on appearance. A full suit is a strong choice when you have one, but neatness and respect matter more than expense. See What to Wear to Criminal Court in Massachusetts.
Confirm cell-phone rules. Some Massachusetts courthouses restrict or prohibit cell phones entirely. Others allow phones that stay silenced. Check with your lawyer before you arrive.
Check in with Probation. On many summons dates, your lawyer will escort you to the Probation department to check in. Checking in simply confirms that you are present for the arraignment. Staff typically collect basic biographical information. It is an attendance and intake step — not a finding that you did anything wrong.
Meet your lawyer before the case is called. Arrive early enough to talk through bail or conditions, what you should (and should not) say if the judge addresses you, and where to stand when your name is called. If you do not yet have counsel, tell the clerk or Probation that you need a lawyer — do not try to negotiate the case on your own at the microphone.
If cash bail is a realistic possibility, plan payment in advance. Massachusetts does not use commercial bail bondsmen. If the court sets cash bail, the full amount generally must be posted by you or a surety (often a family member or friend). Accepted payment methods can vary by location and stage — some settings emphasize bank or cashier’s checks; after-hours magistrate practice can differ. Ask your lawyer before court day what that courthouse typically accepts and who should bring funds.
What usually happens in the courtroom, step by step
Sessions differ, but a typical summons arraignment often looks like this:
1. You wait in the gallery until the clerk calls your name. Stand when called. Your lawyer will direct you to the place where the defendant stands — often near a microphone or counsel table.
2. Counsel identifies you and enters an appearance. If you need appointed counsel, that issue is addressed first.
3. The charges are addressed on the record. Sometimes the clerk reads them aloud. Sometimes counsel waives a full reading after confirming that you understand the substance of the complaint or indictment. Either way, the point is formal notice of what the Commonwealth is alleging.
4. A plea is entered. At arraignment, that plea is typically not guilty. Entering a not-guilty plea preserves your rights. It is the ordinary way a criminal case starts so discovery, motions, negotiations, and — if needed — trial can follow.
5. Bail and conditions may be discussed. The prosecutor may ask for cash bail, stay-away or no-contact orders, GPS, drug or alcohol screening, or other conditions. Your lawyer can argue for personal recognizance, a lower bail amount, or less restrictive conditions. Sometimes these issues are brief; sometimes they become a contested hearing.
6. Dangerousness (58A) may be raised in qualifying cases. If the Commonwealth files a motion under G.L. c. 276, § 58A, that is a separate and more serious track than ordinary bail. See the brief note below.
7. The court sets the next date. In many cases that next date is a pre-trial conference, often several weeks later. You leave with the obligation to return as ordered and to follow any conditions of release.
If you are in custody, the legal structure is similar, but the logistics feel different: you may be brought into the session from lockup, and release — or continued detention — is the immediate practical question.
Bail and conditions of release (high level)
Bail exists to help assure that you return to court. It is not supposed to be punishment, and it is not a finding of guilt. In Massachusetts practice, a judge may release you on personal recognizance, set cash bail, impose conditions of release, or — in limited circumstances tied to dangerousness — hold you without bail after the required hearing.
Conditions of release are common even when no cash bail is set. They can be relatively modest (stay away from a person or place; no new offenses) or more restrictive (curfew, GPS monitoring, substance testing, reporting requirements). Treat every condition as non-negotiable. Violations can lead to revocation of release and a return to custody.
Judges typically consider factors such as the nature of the charges, your record, prior defaults, community ties, employment, and ability to pay when cash bail is at issue. For a fuller explanation, see Bail Basics in Massachusetts and Determining Bail.
Dangerousness hearings (58A) — a brief note
In some cases involving alleged force or threat of force, the prosecutor may file a motion for a dangerousness hearing under G.L. c. 276, § 58A. That filing usually must be made at arraignment. If the court later finds, by clear and convincing evidence, that no conditions of release will reasonably assure the safety of another person or the community, the defendant may be held without bail for a limited statutory period.
A 58A request is a major development — not the same as ordinary bail argument. This post does not attempt a full deep-dive. If 58A is on the table, read 58A Dangerousness Hearing and speak with counsel immediately.
The next date: usually a pre-trial conference
After arraignment, many Massachusetts criminal cases are continued to a pre-trial conference. That date is generally not the trial. It is often the first structured opportunity for defense counsel and the prosecutor to exchange information, discuss possible resolutions, and set a path toward negotiation or further litigation. You usually must appear unless your lawyer tells you otherwise and the court excuses you. Missing the date can result in a default warrant. See What Is a Pre-trial Conference?
Why having a lawyer at arraignment matters
Arraignment moves quickly when the session is crowded. Small decisions — how bail is framed, which conditions are accepted, whether a 58A filing is contested, what is said on the record — can shape the weeks that follow. Counsel can protect you from answering questions better left for later strategy; argue for the least restrictive release terms that still assure appearance; respond when the Commonwealth seeks dangerousness detention; explain the next date; and begin thinking early about diversion, dismissal paths, CWOF, plea posture, or trial — none of which need to be decided at the microphone on day one.
If you arrive without a lawyer, ask for counsel. Do not treat the arraignment as a chance to “clear everything up” by explaining the facts in open court. Early statements can create problems that are hard to undo.
Frequently asked questions
Do I have to plead guilty or tell my side at arraignment?
No. The usual plea at arraignment is not guilty. You are generally not expected to narrate the facts. Speak through your lawyer unless the judge addresses you directly on a narrow point.
Will I go to jail at arraignment?
Not automatically. Many people on summons dates are released the same day, sometimes with conditions. People already in custody may be released, held on bail they cannot post, or — in limited qualifying cases — held in connection with a dangerousness process.
Is a not-guilty plea permanent?
No. A not-guilty plea starts the case. Later, after discovery and advice of counsel, some cases resolve by dismissal, diversion, CWOF, plea, or trial.
What if I cannot afford a lawyer?
Tell the court. If you qualify, counsel may be appointed. Do not go forward unrepresented simply because you feel rushed.
What should my family bring if bail is possible?
Ask your lawyer what that courthouse accepts and how much might realistically be requested. Have a plan for who will post funds and how. Keep identification ready.
Questions about an upcoming arraignment?
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH A CRIME, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
The Law Office of William J. Barabino represents clients in Massachusetts District Court, Juvenile Court, and Superior Court matters from Medford and throughout the Commonwealth.
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Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Massachusetts criminal procedure can vary by court, charge, and facts. Reading this post does not create an attorney-client relationship. Every case is unique. If you or a loved one is facing criminal charges or has an upcoming arraignment in Massachusetts, contact a qualified criminal defense attorney for advice tailored to your situation. The Law Office of William J. Barabino represents clients throughout Massachusetts.
