Your first court appearance after an OUI arrest is called the arraignment. For many people, this is their first time ever in a courtroom, and the experience can be intimidating. Understanding what happens at arraignment helps reduce anxiety and lets you focus on making informed decisions about your case.
The Purpose of Arraignment
Arraignment is a brief, formal proceeding with one main purpose: you hear the charges against you and enter a plea of Not Guilty. That’s it. This isn’t your trial. No evidence is presented, no witnesses testify, and you won’t be found guilty or not guilty today.
Think of arraignment as the starting point of your criminal case. The charges are formally filed, you receive copies of important documents, and the court sets bail conditions if necessary. Everything else—trial preparation, motions, negotiations—comes later.
What Happens in the Courtroom
You’ll wait in the courtroom until your name is called. When it is, you (and your attorney if you have one) approach the judge. The clerk reads the charges against you out loud. This is called “advising you of your charges.” If you hired a lawyer and given the short notice the lawyer cannot appear in court with you, the protocol is to send the court a “Notice of Appearance” and a request for a new date. This is common.
Next, a plea of Not Guilty will be entered on your behalf. This doesn’t mean you’re planning to go to trial—it simply keeps all your options open while you gather information and explore defenses.
Pleading guilty at arraignment is rarely a good idea. You haven’t seen the prosecution’s evidence, haven’t explored possible defenses, and haven’t had time to negotiate. You’re making an irrevocable decision without complete information.
Bail and Conditions of Release
For most first-offense OUI cases in Massachusetts, you’ll be released on personal recognizance—meaning you don’t pay bail but promise to appear for all future court dates. The judge may impose certain conditions: staying away from the location where you were arrested, not committing any new crimes, or staying drug and alcohol-free with or without testing requirement.
If you have prior OUI convictions or if your case involved an accident with injuries, the judge might set monetary bail or impose stricter conditions. Be prepared to follow whatever conditions the court orders. Violating them can result in being held without bail.
Documents You’ll Receive
At or shortly after arraignment, you’ll receive several important documents. The criminal complaint states the specific charges and the basic facts the prosecution alleges. The police report details the officer’s version of events leading to your arrest.
You may also receive notice of any license suspension hearings from the Registry of Motor Vehicles, court dates for pretrial conferences, and information about court-ordered programs. Keep all these documents organized—you’ll need them for your defense.
Hiring an Attorney
If you don’t already have an attorney, arraignment is when you need one. You can request a court-appointed lawyer if you can’t afford private counsel, or you can ask for a continuance (postponement) to hire your own attorney.
Having an experienced OUI attorney at arraignment offers several advantages. They can argue against excessive bail or conditions of release. They can request discovery (the prosecution’s evidence) immediately. And they can begin identifying potential defenses right away.
After Arraignment: What’s Next?
The court will schedule your next appearance, typically called a pretrial conference or pretrial hearing. This is when your attorney and the prosecutor will discuss the case, potentially negotiating a plea offer or resolving procedural issues.
Between arraignment and your next court date, your attorney will be working on your defense: reviewing police reports, requesting evidence, identifying potential witnesses, and researching legal issues. This is also when you’ll likely discuss whether to fight the charges at trial or explore negotiating a resolution.
Don’t Panic at Arraignment
Remember, arraignment is just the beginning. You’re not on trial today. The judge isn’t deciding your guilt or innocence. This is an administrative hearing to formally start your criminal case.
Stay calm, dress respectfully, and bring your attorney if you have one. Listen carefully to what the judge says, and don’t hesitate to ask questions if you don’t understand something. Your attorney is there to guide you through the process.
Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
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