The “Arraignment Hearing” in Nevada Criminal Cases

1. If you are arrested and bail out, the court will typically arraign you within the next few weeks.
2. If you are arrested and cannot bail out, you will be arraigned within 72 hours.
3. You should plead “not guilty” since you can always take a guilty plea later on.
4. If you miss your arraignment (and no attorney appears for you), the judge will issue a bench warrant for your arrest.
5. Arraignments are the shortest of all court proceedings, usually just a minute or so.

In this article, our Las Vegas criminal defense attorneys discuss:

• 1. Before the Arraignment
• 2. During the Arraignment
• 3. After the Arraignment
• 4. Timing
• 5. Do I need to go?
• 6. Missing Court
• Additional Reading

1. Before the Arraignment

After you are arrested, the D.A. conducts a pre-file investigation to see if there is sufficient evidence to convict you of the crime.

If prosecutors believe they have a weak case, charges will not be brought. If prosecutors believe they have a strong case, the arraignment will go as planned.

Note that prosecutors frequently “join” related offenses and defendants into one case. Learn more about joinder.

2. During the Arraignment

After the judge calls your case, you and/or your attorney appear in front of the judge. The judge then recites the charges against you and asks whether you plead guilty or not guilty.

In most cases, you will plead “not guilty.” This does not prevent you from later pleading guilty (or no contest) as part of a plea bargain. If you are in custody, your lawyer may also ask the judge for you to be released on your own recognizance or for a bail reduction.

Once you plead “not guilty,” the judge will then give you another court date. Depending on the case, the next date will be for either a

• trial,
• pretrial,
• status check, or
• preliminary hearing.

3. After the Arraignment

Your lawyer will then ask the prosecutors for a copy of your “discovery.” Discovery is the state’s evidence in your case, such as

• police reports,
• surveillance tapes and
• forensic test results.

Meanwhile, your attorney will try to negotiate a favorable plea bargain with the prosecutor. Most cases end in pleas where your charges are reduced or even dropped without a trial.

If the prosecutor will not agree to a fair plea bargain, then your attorney should discuss with you the possibility of going to trial. Note that you have a right to a “speedy trial” within 60 days of your arraignment, though there are exceptions.¹

4. Timing

Some arraignments do not occur until weeks after you were originally cited, arrested, or summoned. However, if you are in custody and cannot bail out, your initial arraignment must occur within three court days of your arrest.² Learn more about 48-hour hearings and 72-hour hearings.

5. Do I need to go?

If you were charged with a misdemeanor in Nevada, your attorney can usually appear on your behalf at your arraignment. However, if you are facing felony charges, whether you need to be present depends on your particular case and the judge’s wishes.

6. Missing Court

If neither you nor your lawyer shows up to your arraignment, the consequences are very serious. The judge will issue a bench warrant for your arrest.

If you missed your arraignment, it is essential that you retain counsel right away. Your attorney can file a motion with the court to “quash” your bench warrant within a few days.

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• The Quality of Justice in Misdemeanor Arraignment Courts – The Journal of Criminal Law, Criminology, and Police Science.
• Right to Counsel before Arraignment – Minnesota Law Review.
• Police Interrogation: The Right to Counsel and the Prompt Arraignment – Brooklyn Law Review.
• Tracing Charge Trajectories: A Study Of The Influence Of Race In Charge Changes At Case Screening, Arraignment, And Disposition – Criminology.
• Criminal Law. Arraignment. Plea – California Law Review.

Legal References