People who may not have a lot of experience with the criminal justice system often wonder, “What’s going to happen on my first court date?”

The first court date you will have after you have been arrested or charged with a crime is called an arraignment. During this court appearance, the judge will confirm your legal representation, inform you of the charges against you, and address your custody status—whether you’ll stay in jail, be released on bail, or granted release under certain conditions. 

At this stage, no witnesses are called; it’s not a trial. And it’s not where your case is resolved! It’s just where you are formally charged and enter your plea, but it is an important part of your case. 

The judge will also decide your custody status, and your attorney can argue for your release or a bail reduction by presenting evidence like community ties or a lack of prior offenses. In certain cases, such as those involving domestic violence, the court may issue protective orders. 

Your first arraignment can be terrifying at most and intimidating at least, but if you know what to expect and how you should act, it might be a little bit easier. Here are 5 tips for your first day in court! 

1 - Be Early - Do NOT Be Late!

This is the most important piece of advice on this list, which is why we listed it first. Do NOT BE LATE to your arraignment. Be early, so that if there are unexpected delays or getting into court takes longer than you expect, you are on time. 

Traffic, parking, and security take longer to navigate than many people expect. You have to find parking, and you can’t just walk directly in the courtroom - there may be long security lines. Prepare for that! 

Being late - we can’t stress this enough - is highly detrimental to your case. The judge has many cases to get through and if you are late, they will not only be annoyed and less likely to see you favorably, but may even put you in “contempt of court”, an additional charge, or issue a bench warrant for your arrest. 

We recommend being at least an hour early, but your attorney (who likely knows that specific courtroom and judge) can give you a more relevant timeframe. 

2 - Dress Appropriately 

Security will not even let you in the courtroom if you are not appropriately dressed, so this is also extremely important! No flip flops or sandals. No hats. No tank tops. You need to look completely respectable and as conservative as you can (there is a reason for this), which means dress like you are going in for an important business meeting, or like you are going to church on an important day. 

It is okay if you do not have a suit (for men), or dress (for women), but men should be well-groomed, and women should not be in distracting clothing (revealing blouses, high heels, etc.). You do not want to give the judge or opposing counsel any reason to form any conclusions about you (even if they may not be true) based on your appearance alone, so dressing conservatively makes achieving that goal more likely. 

3 - Consult With a Criminal Defense Attorney Beforehand & Let Them Do The Talking

From the time you were arrested, the DA’s office has been working on your case and convicting you - they have a head start! That means you have no time to waste - by this time, you ideally should have contacted and consulted with an attorney. If you haven’t yet, now is the time to retain one so they can start preparing a strategy on your behalf. 

At your arraignment, your criminal defense attorney will stand up with you to let the judge know that they are your attorney and they are working on your case. The purpose of an arraignment is to formally inform you of your charges and give you an opportunity to enter a plea of guilty, not guilty, or no contest. Your attorney can do all of the talking, and they should discuss your options with you beforehand, but if you have not yet had a chance to consult with them, they will likely enter a not guilty plea on your behalf to give you both more time to fight your charges. A plea of guilty or no contest may be entered if your attorney has already worked out a deal with the prosecution. A judge may set bail conditions, which your attorney can argue if they are not favorable. 

It is very important that you do not interrupt your attorney or talk over them, or talk directly to the prosecutor, or talk to the judge without your attorney’s express approval. (If you do talk to the judge, address them as “Your Honor”, and be short and to the point as well as polite.) If you have any questions during the arraignment, wait for the appropriate moment to ask your attorney or write them down to ask later.

4 - Stay Composed

Remain calm throughout your arraignment. This is easier said than done, we know. We get that you may be panicking. We also understand that you may be frustrated or angry, if you feel that the charges against you are unjust, or that you may feel completely devastated to be here. But self-control will go a long way during this critical venture in your case. 

Don’t cry or become emotional. Do not storm out of the courtroom. Don’t roll your eyes, or shake your head, even if you hear something that is untrue or that you don’t agree with. Don’t let out any verbal outburst. Don’t gloat or celebrate, either - you can do all of that after you are out of the courtroom, if you need to, but inside the courtroom it will not gain you empathy and will only serve to give a negative impression to the judge. 

5 - Pay Attention

Don’t zone out during your arraignment, even if you are consumed with worrying about what comes next or you are in shock that this is happening to you. Don’t text or be on your phone (which is also disrespectful in the eyes of the court - you should SILENCE your cell phone, not just put it on vibrate, as this will be annoying to the judge and may get your phone confiscated by the bailiff). 

Pay attention closely! Listen to everything that happens so that you can ask your attorney questions afterwards if you need clarification. The more you know about what is happening in your case, the more empowered you will be to protect your rights and make good decisions. 

Don’t Have a Defense Attorney Yet, or Don’t Trust Yours? Call BRCK. 

When the stakes are as high as your life, freedom, reputation, and future, the attorney you choose to represent you matters. Our team at BRCK Criminal Defense Attorneys has over 50 years of combined experience and has helped over 5,000 clients navigate arraignments and criminal trials in order to fight conviction and get results. We exclusively focus on criminal defense, which makes us very good at what we do! If you have an upcoming arraignment, call 866-BRCK-LAW ((866) 272-5529) now for a free, no-obligation consultation and learn more about what comes next.