If you’re asking, “can you go to jail at an arraignment?” the short answer is:
Yes, you can go to jail at an arraignment in the United States — but it depends on several key factors, including bail decisions, the seriousness of the charges, prior criminal history, and whether the judge considers you a flight risk or a danger to the community.
An arraignment is not a sentencing hearing. However, under certain circumstances, a judge can order you into custody immediately after (or during) the hearing.
Let’s break down exactly when this happens — and when it doesn’t.
What Is an Arraignment?
An arraignment is usually your first court appearance after being charged with a crime. It is the formal start of the court process and ensures you are officially informed of the accusations against you.
According to the United States Courts, an arraignment is the stage in a criminal case where the defendant is advised of the charges and asked to enter a plea. While specific procedures can vary by state, the purpose of an arraignment is largely the same throughout the United States.
During an arraignment hearing, the court will typically:
- Formally read or summarize the criminal charges
- Inform you of your constitutional rights
- Ask you to enter a plea (guilty, not guilty, or no contest)
- Address bail or other release conditions
- Schedule the next court date
In most cases, the main purpose of an arraignment is procedural, not punitive. It is not a trial, and the judge does not decide guilt or innocence at this stage. No witnesses testify, and evidence is not fully argued.
However, custody and bail decisions often happen during this hearing. That means while an arraignment is not meant to punish, it can directly affect whether you walk out of the courtroom — or are taken into custody.
Can You Be Taken to Jail at an Arraignment?
Yes — but it is not automatic.
There are two main scenarios:
You Were Already in Custody
If you were arrested and held in jail before your arraignment, the judge will decide whether to:
- Release you
- Set bail
- Keep you detained
If bail is denied or you cannot pay it, you may remain in jail.
You Appeared in Court While Out of Custody
If you were cited and released or summoned to court, you may still be taken into custody at the arraignment if the judge orders it.
This typically happens when:
- Bail is set and you cannot pay
- The charges are very serious
- You have active warrants
- You violated probation or parole
- The judge considers you a public safety risk
For many misdemeanor cases, defendants leave court the same day. But felony cases carry a higher risk of detention.
7 Reasons You Might Go to Jail at an Arraignment
Here are the most common reasons someone may be taken into custody during or after their arraignment:
1. Bail Is Denied
Judges can deny bail in serious cases — especially violent felonies, repeat offenses, or crimes involving weapons.
If bail is denied, you will be remanded to custody.
2. You Cannot Afford Bail
If bail is set at $10,000 and you cannot afford it, you may be taken into custody until bail is posted.
This is one of the most common reasons people go to jail at arraignment.
3. Serious Felony Charges
Felony offenses — such as armed robbery, aggravated assault, major drug trafficking, or homicide — often trigger stricter bail scrutiny.
The more severe the charge, the greater the likelihood of pretrial detention.
4. Active Arrest Warrants
If the court discovers outstanding warrants during your arraignment, you can be arrested immediately.
Even unrelated warrants can result in detention.
5. Probation or Parole Violations
If you are already under supervision and are charged with a new offense, the judge may revoke probation or parole and order custody.
6. Flight Risk Concerns
Judges assess whether you are likely to appear at future court dates.
Factors that increase flight risk concerns:
- Prior failure to appear
- Lack of stable employment
- No local ties
- Out-of-state residence
7. Public Safety Concerns
If the judge believes releasing you could endanger someone — such as in domestic violence or weapons cases — detention becomes more likely.
Misdemeanor vs. Felony Arraignments: What’s the Difference?
Not all arraignments carry equal risk.
Misdemeanor Arraignments
In most misdemeanor cases:
- Bail is low or waived
- Defendants are often released on their own recognizance (ROR)
- Jail at arraignment is less common
First-time, non-violent offenders are frequently released the same day.
Felony Arraignments
Felony arraignments are more serious.
Judges may:
- Set high bail
- Schedule a separate detention hearing
- Order pretrial incarceration
Violent crimes, repeat offenders, and high-profile cases face greater custody risk.
What Happens If You Can’t Afford Bail?
This is where many people get confused.
If bail is set and you cannot pay:
- You are taken into custody
- You remain jailed until bail is posted
- Or until your next court date
Options may include:
- Posting cash bail
- Using a bail bondsman
- Requesting a bail reduction hearing
Some states have enacted bail reform laws that reduce reliance on cash bail, but policies vary by jurisdiction.
Can You Go to Jail After Pleading Not Guilty?
Yes — but not because of the plea itself.
Many people assume pleading “not guilty” sends them to jail. That’s incorrect.
Jail decisions are based on:
- Bail
- Risk assessment
- Legal history
- Nature of the charges
You can plead not guilty and still be released — or plead guilty and remain in custody. The plea does not automatically determine detention.
Federal vs. State Arraignments: Is There a Difference?
Yes.
State Court Arraignments
Most criminal cases occur at the state level. Judges decide bail based on state laws.
Federal Court Arraignments
Federal cases often involve:
- Pretrial services interviews
- Risk assessment reports
- Detention hearings under federal guidelines
Federal courts are generally stricter with detention in serious cases, especially involving drugs, weapons, or financial crimes.
How to Reduce the Risk of Going to Jail at Arraignment
While outcomes vary, there are steps that can improve your chances of release:
✔ Hire an Attorney Before the Hearing
A defense lawyer can argue for lower bail or release.
✔ Prepare Proof of Community Ties
Bring documentation showing:
- Employment
- Residence
- Family responsibilities
- School enrollment
Judges favor stability.
✔ Bring Bail Funds (If Possible)
If you anticipate bail, be financially prepared.
✔ Dress and Behave Respectfully
First impressions matter. Courtroom conduct can influence perception.
✔ Address Warrants in Advance
Clearing outstanding warrants before arraignment can prevent surprise detention.
What Happens If You Are Taken Into Custody at Arraignment?
If the judge orders custody:
- You are escorted from the courtroom
- You may be transported to a local jail
- You are booked and processed
- You await bail posting or future court hearings
In some jurisdictions, you may appear before another judge within days for a bail review.
Frequently Asked Questions
Is it common to go to jail at an arraignment?
For minor misdemeanors, no. For serious felonies, it is more common.
Can a judge deny bail?
Yes. In certain cases, especially violent or repeat offenses, judges may deny bail entirely.
Can you post bail the same day?
Often yes, if bail is set and you have funds or use a bondsman.
Do first-time offenders go to jail at arraignment?
First-time offenders charged with non-violent misdemeanors are frequently released.
What happens if I miss my arraignment?
The judge may issue a bench warrant for your arrest.
Can charges be dropped at arraignment?
It’s rare, but prosecutors may dismiss charges in limited circumstances.
How long does an arraignment last?
Most arraignments last between 5 and 20 minutes.
Final Verdict: Should You Be Worried?
So — can you go to jail at an arraignment?
Yes, it is legally possible.
But for many non-violent or first-time misdemeanor cases, release is common.
The biggest factors that determine custody are:
- The seriousness of the charge
- Bail eligibility
- Criminal history
- Risk to public safety
- Ability to pay bail
An arraignment is primarily procedural — but it can have immediate consequences if the court decides detention is appropriate.
If you are facing an upcoming arraignment, speaking with a qualified criminal defense attorney in your jurisdiction is the best way to understand your specific risk.