What Happens at an Arraignment in Illinois?

 Posted on February 26, 2025 in Criminal Defense

One of the first court hearings after an arrest in Illinois is an arraignment. If you or a loved one is facing an arraignment, it is natural to feel confused or anxious. You may be wondering what will happen in court, what your rights are, and what to expect afterward.

An arraignment is more than just a procedural formality; it is a defendant’s first chance to hear the charges, talk about bail, and enter a plea. What happens at this hearing can shape the rest of your case. Understanding your rights and having an experienced Illinois federal criminal defense attorney by your side can make all the difference in the outcome of your case.

When Does an Arraignment Happen?

After an arrest, a defendant must be brought before a judge without unnecessary delay. This is usually within 48 hours, not counting weekends or holidays. However, if the arrest was made on a warrant, the timeline may vary.

The timing of an arraignment is critical because it can affect important legal rights. If authorities do not arraign someone within a reasonable period, it could be a violation of that person’s constitutional rights, and a defense attorney may be able to challenge the case on these grounds.

What Happens at an Arraignment?

Hearing the Charges

At the arraignment, the judge will formally present the charges against the defendant. If you have an attorney, your attorney can help you to decide whether to waive the public reading of the charges to protect your privacy. Either way, you will receive a written copy of the charges.

This is also when the court ensures you understand your rights, including:

• The right to an attorney

• The right to remain silent

• The right to a fair trial

If you do not have a lawyer, you can request more time to find one. However, you must still go to the arraignment, as missing court can lead to additional charges and an arrest warrant.

Dealing with Bail and the Possibility and Conditions of Release

In some cases, bail is discussed at the arraignment. The judge may decide whether to release you on your own recognizance, which means you promise to show up for future court dates; set bail, which you will have to pay before you can be released; or deny bail, which means you have to stay in jail or prison.

Factors that influence this decision include how serious the charges are, your criminal history, and whether you are considered a flight risk. A lawyer can argue for lower bail or request a bond hearing if needed.

Entering a Plea

After hearing the charges, the defendant will be asked to enter a plea:

• Not Guilty: The case moves forward toward trial or further negotiations.

• Guilty: The judge may impose a sentence immediately or set a future sentencing hearing.

• No Contest: The defendant does not admit guilt but accepts punishment (used in rare cases).

Sometimes, the prosecution will offer a plea deal at the arraignment, but these offers often come with pressure to make a quick decision. Prosecutors will make sweet plea deals because they want to avoid trial, but also sometimes because they know they do not have enough evidence to successfully prosecute a case. Do not accept a plea deal without talking to a lawyer first. A knowledgeable attorney can help you decide whether a plea deal is the best option in your case, and – if so – can try to negotiate an even better one.

What Happens If You Miss Your Arraignment?

Failing to appear for an arraignment is a serious situation indeed. The judge can issue a bench warrant for your arrest, revoke your bail, and add additional charges for failure to appear.

If you missed your arraignment for a legitimate reason — such as a medical emergency — it is critical to contact an attorney immediately. A lawyer may be able to resolve the situation before law enforcement takes further action.

Do I Need a Lawyer for My Arraignment?

Many people assume they do not need a lawyer at their arraignment because it is a quick hearing. However, not having an attorney will almost certainly have a significant impact on your case. A defense attorney will make sure from the start that your rights are protected and that you get fair treatment. An attorney can also argue for a lower bail amount or that you should be released without paying bail at all. If there are procedural mistakes, such as an illegitimate arrest warrant or mishandled evidence, a lawyer can challenge the legitimacy of the whole case.

If you cannot afford a lawyer, a public defender will be assigned to you. However, even though public defenders may be "free," they still come with a price – they are usually overworked with too many cases and will not have the time and resources to build a strong defense to your case.

What Happens After an Arraignment?

After an arraignment, your case will move forward based on your plea. If you plead not guilty, your attorney will begin preparing your defense, putting together evidence, negotiating with prosecutors, and filing legal motions. If you plead guilty, the next step may be a sentencing hearing.

It is important to remember that your case is not over just because you were arraigned. This is only the beginning of the legal process, and you might still have the chance to fight the charges, negotiate a plea, or seek a dismissal.

Contact an Illinois Federal Criminal Defense Attorney Today

If you or a loved one is facing an arraignment, do not go into court unprepared. A strong legal defense starts from the moment you are charged. Because he is a former federal prosecutor, our Chicago, IL criminal defense lawyer is aggressive, experienced, and absolutely fearless in the face of federal prosecutors. We are dedicated to protecting your rights at every stage of the process.

Call Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney at 312-629-0669 today to schedule a free consultation and get the defense you need.