What Happens at Arraignment in Kentucky
Arraignment is your first appearance in court, and three things happen: the charge is read to you, you enter a plea, and the judge addresses release conditions and bail. If you cannot afford a lawyer, this is also where counsel is appointed. It is normally over in a few minutes, and almost nobody is found guilty or sentenced there.
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The three things that actually happen
| Step | What it means |
|---|---|
| The charge is read | The court states what you are accused of and the grade of the offense. You are given a copy of the citation or complaint. |
| You enter a plea | Almost always not guilty at this stage, which preserves every option. A guilty plea here forfeits discovery you have not seen yet. |
| Release and bail | The judge sets bail or non-financial conditions, or continues an existing release. Pretrial services will usually have interviewed you already. |
Which court you are in
Arraignment on a misdemeanor happens in district court, which under KRS 24A.110 has exclusive jurisdiction to finally dispose of misdemeanors and violations. If the charge is a felony, district court still handles the first appearance and can set bail, but it cannot dispose of the case: the felony goes to the grand jury and then to circuit court.
District court can also reduce a felony charge to a misdemeanor on motion and for good cause shown, under KRS 24A.110(4). That is one reason the early stage of a felony case matters more than its brevity suggests.
What not to do
- Do not plead guilty to get it over with. At arraignment you have not seen the discovery, the police report, the video or the lab results, and the prosecutor has not made an offer worth evaluating.
- Do not explain yourself to the judge. Arraignment is not the place to give your account, and anything you say is on the record.
- Do not miss it. Failing to appear is how a bench warrant issues, and that turns a manageable case into an arrest.
- Do ask for a lawyer if you cannot afford one. The Department of Public Advocacy represents Kentuckians who qualify, and the appointment is made at this hearing.
Common questions
What three things happen at an arraignment?
The charge is read to you, you enter a plea, and the judge deals with release: bail, non-financial conditions, or continuing an existing release. Appointment of counsel for a defendant who cannot afford one also happens at this hearing.
Do cases get dismissed at arraignment in Kentucky?
Occasionally, where a citation is defective or the Commonwealth is not proceeding, but it is uncommon. Arraignment is a procedural hearing, not a hearing on the merits. Dismissals more often come later, after discovery or on a motion.
Can you be found guilty at an arraignment?
Not by trial. The only route to a conviction at arraignment is pleading guilty yourself, which is why entering not guilty is the standard advice. A not guilty plea costs you nothing and can be changed later if a plea agreement is worth taking.
Do people go to jail at an arraignment?
Someone already in custody may stay there if bail is set and not posted. Someone who appears from outside custody usually leaves the same way, on bail or on non-financial conditions. The judge is deciding release conditions, not punishment.
What comes after arraignment in Kentucky?
For a misdemeanor, a pretrial conference in district court, where discovery is exchanged and any plea offer is discussed. For a felony, a preliminary hearing and then presentation to a grand jury; if it indicts, the case moves to circuit court for arraignment there.
How long does arraignment take?
Usually a few minutes once your case is called, though you may wait through a full docket to get there. Courts arraign many defendants in one session.