Arraignment Tomorrow? Here's Exactly What to Expect in Massachusetts Court

If you have an arraignment tomorrow morning, you're probably feeling anxious and uncertain about what comes next. That's completely normal. An arraignment is the formal beginning of the criminal court process, but knowing what to expect—and what to do—can make a real difference in how smoothly things go. Here's a step-by-step guide to help you prepare tonight and walk into court tomorrow with confidence. If you haven't spoken to a lawyer yet, call (978) 969-2890 for a free consultation—even a quick phone call tonight can help.

Key Information: What You Need to Know

When to Arrive: Plan to arrive by 8:30 AM when courthouse doors open. Budget at least 3 hours—your part takes 5–15 minutes, but you may wait hours for your case to be called. Go to the Probation office first. That is where you check in for an arraignment.

What Happens: Charges are read aloud, you enter a plea (always plead "not guilty" at this stage), bail and release conditions are set, and your next court date is scheduled.

Will You Go to Jail? For most charges, no—if you show up. However, if you have a history of not showing up for court there maybe a bail set, serious charges (violent crimes, 3rd+offense OUI, weapons, domestic violence) may trigger a dangerousness hearing, which could result in detention for up to 120 days.

Do You Need a Lawyer? Yes. At minimum, call one before you go. This is when bail gets set and release conditions are determined—having a lawyer advocate for you can significantly affect the outcome.

What Time Do I Show Up?

Massachusetts courthouse doors typically open at 8:30 AM. Arraignments are scheduled for the morning session, and everyone gets the same arrival time—usually 9:00 AM. Get there early because the line at the probation office gets long, and if you haven't checked in when your case is called, you'll be sent to the back of the list.

Plan to stay at least 2 hours. In crowded courts, you may be there until 1 PM or later. The arraignment itself only takes a few minutes, but waiting for your case to be called can take much longer.

Where Exactly Do I Go?

The courthouse address is on your summons or bail paperwork. When you arrive:

1.    Go through security (metal detector, bag check)

2.    Your first stop is the probation office to check in—this is required

3.    Probation will take basic information (name, address, date of birth) and run a criminal records check

4.    If you need a public defender, you'll complete financial paperwork here

5.    Then go to the courtroom and sit near the front (not the first row—that's for people in custody)

What Do I Wear to Court?

Dress like you're going to a job interview. There's no official dress code, but how you present yourself matters. Appropriate attire shows respect for the court and demonstrates that you take this seriously.

What to wear:

•      Collared shirt or button-down (tucked in)

•      Dress pants or slacks (no jeans)

•      Dress shoes (closed-toe)

•      A suit or sport coat if you have one (optional but recommended)

What NOT to wear:

•      Shorts, flip-flops, or sandals

•      T-shirts (especially with logos or graphics)

•      Tank tops, sweats, or athletic wear

•      Hats (remove before entering courtroom)

•      Clothing with rips, holes, or offensive language

Will I Go to Jail at My Arraignment?

For most charges, the answer is no—as long as you show up. Most people are released on personal recognizance (a promise to return for future court dates) or on bail.

However, the risk of detention is higher if you're facing:

•      Violent assault and battery charges

•      Charges involving serious injury to another person

•      3rd or higher offense OUI (within 10 years)

•      Weapons or firearms charges

•      Domestic violence allegations

•      Drug trafficking charges

For these serious charges, the prosecutor may request a dangerousness hearing under Massachusetts General Laws Chapter 276, Section 58A. If the court finds you pose a danger to the community, you could be held without bail for up to 120 days in District Court (or 180 days in Superior Court).

This is one of the most important reasons to have a lawyer at your arraignment. An experienced attorney can argue against detention and propose conditions of release that address the court's concerns.

What Actually Happens at an Arraignment?

When your name is called, a court officer will direct you to stand at a microphone or designated spot. Here's what happens:

1.    Charges are read aloud — The clerk reads the formal charges against you. Your attorney can waive this formal reading, but even then the charges will be stated in simple form out loud.

2.    You enter a plea — You (or the clerk on your behalf) will enter a plea. Always plead "not guilty" at arraignment, even if you think you're guilty. This preserves all your options.

3.    Bail and conditions are set — The prosecutor may request bail or conditions of release. A lawyer can argue for lower bail or fewer restrictions.

4.    Next court date is scheduled — You'll receive your pretrial conference date and paperwork before leaving.

5.    You receive documents — You'll get a copy of the complaint (formal charges) and the initial police report.

Why You Should Always Plead "Not Guilty" at Arraignment

Even if you believe you're guilty, pleading "not guilty" at arraignment is almost always the right choice. You haven't seen all the evidence yet. There may be defenses you don't know about. Pleading not guilty preserves your options for negotiations, motions to suppress evidence, and trial if necessary. You can always change your plea later—but you can't take back a guilty plea once it's accepted.

What to Say (and Not Say) at Your Arraignment

What to say:

•      "Not guilty" when asked for your plea

•      "Yes, Your Honor" or "No, Your Honor" to direct questions from the judge

•      Confirm your name and that you understand the charges

What NOT to say:

•      Don't explain or argue your case to the judge

•      Don't discuss any facts of your case with anyone—including prosecutors, police, or other defendants in the courthouse

•      Don't plead guilty at arraignment

•      Don't interrupt or speak out of turn

Understanding Bail and Release Conditions

Massachusetts does not have commercial bail bondsmen like other states. If bail is set, you (or someone on your behalf) must pay the full amount directly to the court.

Common release conditions include:

•      Personal recognizance — Released on your promise to return (most common for minor charges)

•      Cash bail — Money held by the court to secure your appearance

•      No contact order — No contact with the alleged victim

•      Stay-away order — Stay away from certain locations

•      No alcohol or drug use

•      GPS monitoring

•      Surrender of passport

A lawyer can argue for lower bail or less restrictive conditions. In domestic violence cases, conditions can be particularly burdensome—you may be ordered to leave your own home or avoid contact with family members. Having an experienced attorney advocate for you can make a significant difference in your daily life while the case is pending.

Checklist: The Night Before Your Arraignment

•      Lay out your clothes — Business casual, clean and pressed

•      Find the courthouse address — Check your summons or bail paperwork

•      Set your alarm early — Plan to arrive by 8:30 AM

•      Arrange transportation — You may be there for hours

•      Arrange childcare/work coverage — This could take all morning or longer

•      Gather your paperwork — Summons, bail receipt, any documents you received

•      Call a lawyer — Even a quick consultation tonight can help you prepare

Checklist: The Day of Your Arraignment

•      Arrive early — Late arrival can result in a warrant for your arrest

•      Bring your paperwork — Summons, bail receipt, any documents

•      Bring ID — Driver's license or state ID

•      Don't bring — Weapons, drugs, large amounts of cash, anything that could cause problems at security

•      Turn off your phone — Be CERTAIN your phone is on silent. If it rings, the court officers may confiscate it. Some courts don't allow phones at all.

•      Check in with probation first — This is required before your case can be called

•      When called — Stand where directed, be respectful, say "not guilty" when asked for your plea

•      Before leaving — Make sure you have paper work with your next court date

Why You Need a Lawyer at Your Arraignment

Don't go to your arraignment without at least talking to a lawyer first. Most criminal defense attorneys offer free consultations—a quick phone call tonight or tomorrow morning can make a real difference.

Here's what a lawyer can do for you at arraignment:

•      Argue for lower bail or personal recognizance —Keeping more money in your pocket

•      Negotiate release conditions — Minimizing restrictions on your daily life

•      Advocate against detention — Especially important if you face a dangerousness hearing

•      Advise you on what to say and do — Avoiding costly mistakes

•      Begin building your defense immediately —Starting with discovery and evidence preservation

If you show up without a lawyer, the court may appoint a public defender if you qualify financially. But you'll have had no time to prepare together, and in serious cases, that can put you at a real disadvantage.

The key point: You probably need a lawyer. At minimum, talk to one before you walk into that courtroom.

Frequently Asked Questions

Q: Do I have to talk about my case at the arraignment?

A: No. You have a Fifth Amendment right against self-incrimination. You won't be asked about the facts of your case unless you choose to speak to the prosecutor (which you shouldn't do without a lawyer) or accept a plea. If you have a lawyer, you likely won't say anything beyond confirming your name and entering your plea.

Q: Can I resolve my case at the arraignment?

A: Sometimes, for very minor infractions. But it's rarely advisable to accept a plea at arraignment. You haven't seen the evidence yet, don't know what defenses may be available, and may not fully understand the consequences of a conviction. Speaking with a lawyer first is almost always the better choice.

Q: What if I can't afford a lawyer?

A: If you can't afford a private attorney, you can request a court-appointed lawyer at your arraignment. The court will ask about your finances to determine eligibility. A public defender will be assigned to represent you, though you may have limited time to prepare together before your first hearing.

Q: What happens if I miss my arraignment?

A: If you don't show up, the court will issue a default warrant for your arrest. This means you can be arrested at any time—during a traffic stop, at work, or at home. If you know you'll miss your court date, contact a lawyer immediately to see if a continuance can be arranged.

Q: How long does an arraignment take?

A: Your actual time before the judge is typically 5–15 minutes. However, you may wait hours for your case to be called. Plan to be at the courthouse for at least 3 hours, and possibly all day.

Contact Ernest Stone Today

If you have an arraignment coming up, you need experienced legal representation. Don't let uncertainty about the process add to your stress—and don't walk into court without knowing your options.

Call (978) 969-2890 for a free consultation with an experienced Massachusetts criminal defense attorney who will fight for your rights and protect your future.

H. Ernest Stone, Attorney PC

900 Cummings Center, Suite 321-U

Beverly, MA 01915

Phone: (978) 969-2890

Email: es@herneststone.com

We represent good people who have had a really bad day.

We'll Get You Through the Storm

Criminal charges can feel overwhelming, but you don't have to face them alone. With  30 years of experience defending clients throughout Massachusetts, we know how to navigate the system and protect your rights. Every case is different, and we'll developa defense strategy tailored specifically to your situation.

Don't wait. Call (978)969-2890 today.‍

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