If you are facing federal fraud charges, an arraignment is one of the early court proceedings in your case. The court uses the arraignment to address the charging document and your plea. Other early proceedings, including the initial appearance and any detention hearing, address matters such as counsel and whether you will remain in custody or be released.
What happens at a federal fraud arraignment?
In federal court, the initial appearance and arraignment are separate proceedings that may occur close together. At the initial appearance, the court addresses the charges, your right to counsel and pretrial release. At arraignment, the court provides the indictment or information, states the charges and asks you to enter a plea.
An arraignment is not a trial. The government does not have to prove the fraud allegations at this stage.
Will you be released or detained?
Release or detention is generally addressed at the initial appearance or a detention hearing. If the court releases you, it may impose conditions that you must follow during the case. Those conditions can affect travel, contact with others and other aspects of your daily life. Violating them can create additional legal problems.
Do you have to plead guilty at the arraignment?
The court will generally ask you to enter a plea at arraignment. You do not have to plead guilty. The available plea and its consequences depend on the charges and circumstances of your case.
After arraignment, the case moves into the pretrial phase, which may include discovery, motions and plea discussions. If necessary, the case can proceed to trial.
Protecting your rights in a federal fraud case
If you do not yet have legal representation, determine promptly whether you will retain counsel or seek appointed counsel, and review the charges and court instructions before appearing. Preserve relevant financial records, documents and communications. Follow any existing court orders or release conditions and avoid discussing the allegations publicly or responding to investigators without legal advice.
A federal criminal defense attorney can review the indictment or information, explain the plea and pretrial process and help you understand any release conditions or upcoming deadlines.
