What happens if I am summonsed into court for an arraignment?

If you are summonsed into court for an arraignment in Massachusetts, it means a criminal complaint has been issued and you are being ordered to appear in court. The arraignment is usually the first formal court appearance in a criminal case.

Even if you were not arrested, you should take the summons seriously. Failing to appear can result in a default warrant and make the case much harder to resolve.

What Happens Before the Arraignment?

When you arrive at court, you may first be interviewed by a probation officer or court officer. This interview may involve basic background information and, if you do not already have a lawyer, questions about whether you qualify for a court-appointed attorney.

If you can afford to hire your own lawyer, it is best to speak with one before the arraignment date. An attorney can review the complaint, explain the charge, and help you avoid mistakes at your first court appearance.

What Happens at the Arraignment?

At arraignment, the court formally informs you of the charge or charges against you. A plea of not guilty is typically entered, and the court may address bail, release conditions, no-contact orders, or other conditions depending on the case.

The prosecution may be handled by an Assistant District Attorney or, in some courts and cases, a police prosecutor. If the prosecutor asks for bail or restrictive conditions, your attorney can argue for release on personal recognizance, lower bail, or more reasonable conditions.

Mass.gov explains that the arraignment is for reading the charges and determining what the defendant wants to do with the case. The case generally cannot be resolved at arraignment unless the defendant agrees. You can review the official Massachusetts overview here: Before Your Arraignment.

Will Bail Be Set at Arraignment?

Possibly. Bail is not required in every case. In many summons cases, especially lower-level offenses and cases involving people with no prior record, the court may release the person on personal recognizance. That means no cash bail is required, but the person must return to court and follow any conditions ordered by the judge.

If the prosecutor requests bail or release conditions, your attorney can argue against unnecessary restrictions and explain why you are likely to return to court.

For more information, see: The Bail Process: Arrest to Arraignment.

What Happens After Arraignment?

After arraignment, the court usually schedules the next event, often a pretrial conference or pretrial hearing. At this stage, the defense attorney and prosecutor may discuss discovery, evidence, possible motions, plea negotiations, and whether the case can be resolved or should move toward trial.

Massachusetts Rule of Criminal Procedure 11 governs pretrial conferences and pretrial hearings. The rule provides that, after arraignment, the court generally orders the prosecutor and defense counsel to attend a pretrial conference and appear at a later pretrial hearing. You can review the rule here: Massachusetts Rule of Criminal Procedure 11.

Depending on the case, later court dates may include:

• Pretrial conference or pretrial hearing
• Discovery compliance and election
• Motion hearings
• Trial assignment dates
• Change of plea or disposition dates
• Trial

Can the Case Be Resolved After Arraignment?

Yes. At any point after arraignment, your attorney and the prosecutor may discuss a possible resolution. This could include dismissal, reduction of charges, pretrial probation, diversion where available, a continuance without a finding, a plea, or trial.

Any plea or negotiated disposition must be reviewed and approved by the judge. You should not accept any plea or agreement without understanding the criminal, record, immigration, license, housing, employment, and probation consequences.

What If I Miss the Arraignment?

If you miss your arraignment, the court may issue a default warrant. That means you could be arrested and brought before the court. Missing court can also make it harder to argue for release or favorable conditions later.

If you already missed court or believe a warrant may have issued, read: What Is a Default Warrant in Massachusetts?

Should I Have a Lawyer Before Arraignment?

Yes, if possible. Having an attorney before arraignment can make a significant difference. A lawyer can review the charge, prepare you for what to expect, argue against bail or harsh conditions, protect you from making damaging statements, and begin building a defense strategy immediately.

For more information, read: Do I Need a Lawyer When Facing Criminal Charges in Massachusetts?

Speak With a Massachusetts Criminal Defense Attorney

If you have been summonsed into court for an arraignment, do not wait until the court date to get legal advice. The first appearance can affect bail, release conditions, future court dates, and the direction of the case.

At The Law Offices of Elliot Savitz & Scott Bradley, we represent clients at arraignments, clerk magistrate hearings, pretrial conferences, motions, and trials throughout Massachusetts.

If you have been summonsed for an arraignment, contact The Law Offices of Elliot Savitz & Scott Bradley immediately to protect your rights.