Arraignment Federal Charges: What Actually Happens (2025 Guide)

You got arrested yesterday. Or maybe you got a target letter last month and knew this was coming. Either way, your now sitting in a federal detention facility or your out on some kind of release, and you’ve got a federal arraignment coming up fast. Like, tomorrow fast. Or maybe it already happened this morning and your trying too figure out what just occurred.

Here’s what nobody tells you upfront: federal arraignment is nothing like what you’ve seen on TV. It’s also nothing like state court if you’ve been through that before. The federal system moves faster, hits harder, and plays by completely different rules. By the time you stand infront of that magistrate judge, the prosecution has probably already built their entire case against you—we’re talking months or even years of investigation that happened before you even knew you were a target.

This guide explains what federal arraignment actually is, how it’s different from state court arraignment (in ways that really matter), what happens before, during, and after the hearing, and most importantly—mistakes that can hurt you that nobody bothers too explain. If your facing federal charges or someone you care about is, you need to understand this process. Not the sanitized version, the real one.

What Is Federal Arraignment? (And Why Everyone Gets It Wrong)

Federal arraignment is the formal court hearing where your officially informed of the criminal charges against you and asked to enter a plea. That’s the textbook definition. In practice, it’s the moment when the federal governments case against you becomes official public record, and your required to respond.

But here’s where everyone gets confused: in federal court, there’s actually TWO separate hearings that people call “arraignment,” and most websites use the terms interchangeably. Theres the initial appearance (sometimes called the initial presentment) and then theres the actual arraignment. There not the same thing.

Initial Appearance: This happens within 24 hours of arrest—literally the same day or the next day. You appear before a magistrate judge who informs you of the charges in the criminal complaint, advises you of your constitutional rights, and makes a decision about detention or release. You might enter a plea at this hearing, but your responding to a complaint, not an indictment.

Arraignment: This happens after the grand jury returns an indictment (or after an information is filed in some cases). You appear before a district judge, receive a copy of the indictment, and enter your plea to those specific charges. The charges in the indictment can be different from—and usually more detailed than—the charges in the original complaint.

Most people experience both hearings but don’t realize there two separate proceedings with different purposes. The initial appearance is about basic rights and detention. The arraignment is about responding to the formal charges that will actually go to trial.

According to Rule 10 of the Federal Rules of Criminal Procedure, arraignment must be conducted in open court. The defendant must recieve a copy of the indictment or information. The court must ask the defendant to plead. That’s it—those are the legal requirements. But understanding what happens in practice requires understanding alot more than the rules state.

And here’s something that trips people up: the magistrate judge you see at your initial appearance probably wont be the judge who tries your case if it goes to trial. Magistrate judges handle initial appearances, arraignments (sometimes), and various pretrial matters. District judges handle trials and sentencing. So trying to make a good impression on the magistrate judge at your initial appearance, thinking it’ll help at trial? Your talking to the wrong judge. This matters more than you’d think.

Federal vs. State Arraignment: Differences That Actually Matter

If you’ve been through state court before—or if your comparing what you know from TV to whats actually happening—you need to understand that federal court is a completely different animal. These aren’t just technical differences, they effect everything about your case.

The Bail System Works Completely Differently

This is probably the biggest shock for most people. In state court, if bail is set at $50,000, you call a bail bondsman, pay them 10% ($5,000), and you get out. The bondsman guarantees the full amount.

Federal court doesn’t work like that. There are no bail bondsmen in the federal system. Zero.

Instead, the court either: (1) releases you on conditions (personal recognizance, home detention, electronic monitoring, etc.), or (2) detains you. If the judge decides your a flight risk or a danger to the community, no amount of money will get you out. There’s no bondsman who can help. You either convince the judge to set release conditions, or you stay in custody untill your case is resolved.

Even when release is an option, it’s not about posting “bail” in the traditional sense. The court sets conditions. Maybe you have to surrender your passport. Maybe you can’t leave the district. Maybe you have to check in with pretrial services weekly. Maybe you have to wear an ankle monitor. Maybe someone has to sign an unsecured bond guaranteeing they’ll pay $100,000 if you flee (but they don’t actually pay anything upfront unless you run).

This difference is huge. In state court, if you’ve got money or assets, you can usually bail out. In federal court, money alone won’t necessarily get you released.

Timeline Differences (Days vs. Hours)

State court: you might get arrested on Friday and not see a judge until Monday or Tuesday. Sometimes longer. The system moves slow.

Federal court: you will appear before a magistrate judge the same day or the next day. Federal law requires presentment “without unnecessary delay.” In practice, this means if your arrested in the morning, you’ll probably see a judge that afternoon. If your arrested in the evening, you’ll see a judge the next morning.

This speed shocks people. Your family might not even know you’ve been arrested yet, and your already standing infront of a federal judge.

The arraignment on the indictment happens later—usually within 10 days of the indictment being returned or of your first appearance in the district where the charges are filed. But that initial appearance? That’s happening immediately.

Different Court Officials

State court usually has one judge handling your case from arraingment through trial.

Federal court has multiple judges with different roles:

• Magistrate Judges: Handle initial appearances, arraignments (sometimes), detention hearings, and various pretrial motions. They have limited authority—they can’t conduct felony trials without consent.
• District Judges: Handle trials, sentencing, and major pretrial motions. These are the “real” judges with full authority.
• The Difference Matters: You might see a magistrate judge for months of pretrial proceedings, then a completely different district judge shows up for trial. Your building rapport with one judge doesn’t carry over.

Plus, the prosecutor in federal court is an Assistant United States Attorney (AUSA), not a county or district attorney. They work for the Department of Justice. They have more resources, more investigative tools, and more time to build cases than most state prosecutors.

Grand Jury Indictment vs. Prosecutor Filing

State court: a prosecutor can often file charges directly by information or complaint.

Federal court: for felonies, the Constitution requires a grand jury indictment (with some exceptions). This means 16-23 citizens had to review evidence and vote that theres probable cause to charge you. The prosecutor had to present their case to the grand jury before you were indicted.

By the time you get to arraingment in federal court, a group of citizens has already decided theres enough evidence to charge you. That’s a psychological and legal hurdle that doesn’t exist in the same way in state court.

Quick Comparison Table

What Happened Before You Got Here (The Part Nobody Explains)

Here’s what most arraingment guides won’t tell you: by the time your standing in that courtroom entering a plea, the federal government has almost certainly spent months—maybe years—building the case against you. This isn’t like state court where someone calls 911, cops show up, arrest you, and figure out the case from their. Federal cases work backwards.

The typical federal investigation timeline looks like this:

A federal agency (FBI, DEA, ATF, IRS, Secret Service, whatever) identifies potential criminal activity. They open an investigation. They don’t arrest you. They investigate. For months. Sometimes years. They might use wiretaps. They might subpoena your bank records, your phone records, your emails. They might flip your co-defendants or business partners and get them to cooperate. They might use undercover agents. They build the case carefully and methodically.

Only after they’ve built a solid case do they present it to a grand jury. Only after the grand jury indicts do they arrest you (or contact your attorney about voluntary surrender if your a white-collar defendant who saw this coming).

This is why federal conviction rates are over 90%. Prosecutors don’t charge cases their not confident they can win. By arraingment, they’ve already got you. The evidence is collected, the witnesses are lined up, the cooperators have been flipped. Your arraingment isn’t the beginning of the case—it’s near the end of the governments investigation.

And here’s something nobody wants to say outloud: there’s basically a two-tier system in how federal charging works.

Tier One – White Collar/Sophisticated Defendants: If your under investigation for white-collar crime—fraud, embezzlement, tax evasion, etc.—you or your attorney might get a target letter. This is the governments way of saying “we’re investigating you for X, and we think your likely to be indicted.” Your attorney can then negotiate. Maybe you do a proffer session where you tell your side. Maybe you cooperate. Maybe you negotiate a voluntary surrender so you don’t get arrested at your office infront of everyone. You see the arraingment coming from miles away.

Tier Two – Everyone Else: Drug cases, gun cases, robbery, most violent crimes—you don’t get a target letter. You get arrested. Often with no warning. The first time you know your charged is when agents show up at 6 AM with a warrant. Your arraingment happens within 24 hours, and your scrambling to figure out what’s even happening.

Both groups end up at the same arraingment. But one group has had weeks or months to prepare with counsel. The other group is meeting their court-appointed attorney for the first time in a holding cell 20 minutes before the hearing.

This matters because it effects everything about how the arraingment feels. If you saw it coming, arraingment is a formality. If you didn’t, it’s a overwhelming shock. But either way—either way—the government already built their case before you got their.

What Actually Happens at Federal Arraignment (Step by Step)

Alright, let’s walk through what actually happens at the arraingment hearing itself. Not the sanitized court-rules version—the real version with all the parts that confuse people.

Who’s in the Courtroom and What They Do

When you walk into that courtroom (or appear via video if your detained), here’s whose there:

The Judge: Either a magistrate judge or a district judge, depending on timing and local procedures. There sitting up at the bench, usually looking bored because they do these all day. They control the hearing.

The Prosecutor (AUSA): An Assistant United States Attorney representing the government. They’ve already reviewed your case. They probably already decided what they want to happen (detention vs. release, plea deal terms if you cooperate, etc.). There not your friend.

Your Defense Attorney: If you already hired one, great. If you can’t afford one, the court will appoint a federal public defender or CJA (Criminal Justice Act) panel attorney. The quality of federal public defenders is generally very good—these aren’t overworked state PDs handling 300 cases. But your meeting them for the first time 30 minutes before the hearing if you got arrested without warning.

The Courtroom Deputy: Sits near the judge, manages paperwork, swears people in. Administrative but important.

Pretrial Services Officer: Might be there, might not. If your being considered for release, they’ll do a report on you—where you live, employment, criminal history, ties to the community, flight risk assessment. They make recommendations to the judge about release conditions.

U.S. Marshals: If your in custody, they brought you. They’ll be standing nearby. There armed. There not their to chat.

Court Reporter: Recording everything. Every word becomes part of the permanent public record.

Public (Maybe): Federal court is open court. Anyone can attend. Media. Your family. Random law students. The guy who writes a blog about federal cases. Anyone. Everything you say is public.

What the Judge Will Say

The judge starts by confirming your identity. “Are you John Smith, date of birth January 1, 1985?” You say yes.

Then the judge makes sure you recieved a copy of the indictment or information. If you haven’t, they give you one now. You have a right to actually see the charges against you in writing.

Next, the judge advises you of your rights. This isn’t like Miranda rights at arrest—this is your rights in court. You have the right to an attorney (and if you can’t afford one, one will be appointed). You have the right to a trial by jury. You have the right to confront witnesses against you. You have the right to remain silent. Etc. The judge might read these outloud, or they might ask if your attorney explained them. Either way, you have to acknowledge you understand.

If you don’t have an attorney yet, this is when you tell the judge you can’t afford one. The judge will ask questions about your finances—like actually ask how much you make, what assets you have, whether you own property. It can feel invasive but there determining if you qualify for appointed counsel. If you qualify, the judge appoints a federal public defender or CJA attorney right there.

Then comes the critical part: the judge asks for your plea. You have three options.

Your Plea Options (And What They Really Mean)

Guilty: You admit you committed the crimes charged. This is very rare at arraingment. Defense attorneys almost never advise pleading guilty at arraingment because you haven’t seen the governments evidence yet, haven’t explored possible defenses, and haven’t negotiated a plea agreement. Pleading guilty at arraingment means your pleading to whatever charges are in the indictment with no deal in place. Don’t do this without very specific strategic reasons your attorney explains.

Not Guilty: This is what about 95% of defendants plead at arraingment, and it’s what your attorney will almost certainly advise. This doesn’t mean your claiming your innocent. It means your putting the government to its burden of proof. It means your preserving all your rights and options. It means the case moves forward and you’ll figure out strategy later—maybe negotiate a plea deal, maybe go to trial, maybe file motions to suppress evidence. The not guilty plea keeps everything open.

And here’s the thing nobody explains clearly: this plea is almost never your final plea. Over 90% of federal criminal cases end in plea agreements, not trials. So when you plead not guilty at arraingment, your not making some dramatic stand that you’ll take to trial. Your just saying “we’re not ready to resolve this today.” Most defendants who plead not guilty at arraingment eventually plead guilty after negotiating a deal. The arraingment plea is procedural, not final.

Nolo Contendere (No Contest): This means your not contesting the charges, but your not admitting guilt either. It has the same criminal effect as a guilty plea but can’t be used against you in a civil lawsuit the same way a guilty plea can. This is extremely rare in federal court and usually only makes sense in specific situations involving parallel civil litigation. Your attorney would explain if this applies.

After you enter your plea (probably not guilty), the judge moves to the bail decision.

The Bail/Detention Decision

This is the part that determines whether you go home or back to custody, and it’s where alot of people get blindsided.

In state court, there’s a presumption that defendants should be released on bail unless theres a strong reason to detain. In federal court—especially for certain types of charges—it works the opposite way.

The Bail Reform Act creates a presumption of detention for specific categories of offenses. If your charged with:

• Drug trafficking offenses carrying 10+ years maximum sentence
• Crimes of violence
• Offenses carrying life imprisonment or the death penalty
• Certain firearms offenses
• Charges while already on release for another federal offense
• Certain terrorism or national security offenses

…then the presumption is that you should be detained. You have to prove why you should be released. The government doesn’t have to prove why you should be detained—the law presumes detention, and you’ve gotta overcome that presumption.

How do you overcome it? You have to show by clear and convincing evidence that your not a flight risk and not a danger to the community. This is a high burden. Your attorney will argue things like: you’ve got strong community ties, stable employment, family in the area, no criminal history (or minimal history), you surrendered voluntarily, you’ve got a place to live, your not going to run. The government will argue the opposite: the charges are serious, the evidence is strong, you face significant prison time so you have incentive to flee, you’ve got resources to disappear, your a danger, etc.

The judge weighs factors under 18 U.S.C. § 3142: the nature and circumstances of the offense, the weight of the evidence against you, your history and characteristics, and the danger you pose to the community.

If the judge grants release, it comes with conditions. Maybe lots of conditions:

• Home detention with electronic monitoring (ankle bracelet)
• Surrender passport
• No contact with co-defendants or witnesses
• Geographic restrictions (can’t leave the district, or even a smaller area)
• Employment requirements
• Regular check-ins with pretrial services
• Drug testing
• Third-party custodian (someone who agrees to supervise you)
• Unsecured or secured bond (you or someone else promises to pay $X if you flee, but might not put money up upfront)

If you violate any of these conditions, your bail gets revoked and your detained for the rest of the case. Pretrial services monitors compliance, and there pretty strict about it.

If the judge denies release, you stay in custody. You can appeal the detention decision, but it’s hard to win. Once your detained, your probably staying detained until the case resolves—whether that’s a plea deal or trial.

The detention decision happens fast. The judge might take arguments from both attorneys for 10-15 minutes, review the pretrial services report if there is one, and make a decision on the spot. Or the judge might continue the detention hearing for a few days to get more information. But usually, you know within an hour of arraingment whether your going home or staying in custody.

Your Constitutional Rights (What They Actually Mean Right Now)

The judge will tell you about your constitutional rights at arraingment. But here’s what those rights actually mean in practical terms at this stage of the case.

Right to an Attorney: You have the right to be represented by a lawyer. If you can afford to hire one, great. If you can’t, the court will appoint one for free. In federal court, appointed attorneys are usually either federal public defenders (who are generally excellent—experienced federal criminal attorneys with reasonable caseloads) or CJA panel attorneys (private attorneys who take appointed cases and get paid by the court).

But here’s the practical issue: if you can’t afford an attorney and one gets appointed at arraingment, you’ve usually just met them. Like, 30 minutes ago in the holding cell. There’s no time to build strategy or even fully discuss your case before you stand infront of the judge. The attorney will advise you to plead not guilty (almost certainly), and you’ll figure out the details later. It’s not ideal, but it’s reality for most defendants who can’t afford to hire counsel before arraingment.

Right to Remain Silent: You don’t have to testify against yourself. You don’t have to answer questions. You don’t have to explain your case to the judge at arraingment.

Here’s what this means practically: don’t try to tell the judge your side of the story at arraingment. Don’t explain why your innocent or why the charges are unfair. Don’t make excuses. Your attorney will cringe, the prosecutor will take notes to use against you later, and the judge doesn’t care. Arraingment isn’t the time to defend yourself. Save it. Anything you say becomes part of the public record and can be used against you. Exercise your right to remain silent by actually remaining silent except when the judge directly asks you a question, and then answer only what’s asked.

Right to a Jury Trial: You have the right to have your case decided by a jury of your peers, not just a judge. The government has to prove your guilty beyond a reasonable doubt to all 12 jurors (federal juries are 12 people, and the verdict has to be unanimous in criminal cases).

Practically, this means the government has a high burden. But remember that 90%+ conviction rate. And remember that by arraingment, they’ve already built their case. Trials are rare because the government usually has the evidence to win. But you have the right to make them prove it.

Right to Confront Witnesses: The witnesses against you have to testify in court under oath, and your attorney gets to cross-examine them. The government can’t just submit written statements or hearsay (with some exceptions).

This right matters at trial. At arraingment, it just means your entitled to this if the case goes to trial.

Right to See the Evidence: Your entitled to discovery—the governments evidence against you. They have to turn over evidence that proves your guilty (the stuff there using) and evidence that might prove your innocent (exculpatory evidence under Brady rules).

But this doesn’t happen at arraingment. Discovery comes later, after arraingment, during the pretrial process. At arraingment, you usually don’t know exactly what evidence the government has. You know the charges, but not necessarily the proof.

The judge makes sure you understand these rights. You’ll have to acknowledge that you do. It’s not optional. But understanding them in theory vs. knowing what they mean in practice are two different things.

Federal Bail: Why It’s Nothing Like What You Expected

Let’s dig deeper into the federal bail system because this is where most people’s expectations crash into reality.

The Bail Reform Act’s Detention Presumption

The Bail Reform Act of 1984 (18 U.S.C. § 3142) flipped the script on bail in federal court. Before 1984, the presumption was release. After 1984, for certain serious offenses, the presumption is detention.

Here’s how it works: Congress decided that certain crimes are so serious that defendants charged with them should be detained unless they can prove there not a risk. So the burden shifted. Instead of the government proving you should be detained, you have to prove you should be released.

This presumption applies if your charged with:

• A crime of violence (defined as an offense that has as an element the use, attempted use, or threatened use of physical force)
• An offense for which the maximum sentence is life imprisonment or death
• A drug offense punishable by 10 years or more (this catches most federal drug trafficking charges)
• Certain firearms offenses under 18 U.S.C. § 924(c)
• Any felony if you were already on release for another federal offense
• Certain terrorism offenses
• Offenses involving a minor victim under certain sections

If one of these applies, you start in a hole. The statute creates a presumption that “no condition or combination of conditions will reasonably assure your appearance and the safety of the community.”

To overcome the presumption, you have to present evidence—not just argument, but actual evidence—that rebuts it. Your attorney will put on witnesses (family members, employers, community members who vouch for you), present documents (proof of employment, property ownership, community ties), and argue that your not a risk despite the charges.

Even if you overcome the presumption, the judge still has to decide whether to release you based on the factors in the statute. Overcoming the presumption just means you’ve cleared one hurdle—you still have to win on the merits.

Charges That Trigger Automatic Detention Presumption

In practice, these charges almost always trigger the detention presumption:

• Drug trafficking conspiracy involving significant quantities (the 10+ year threshold)
• Firearms charges under § 924(c) (using/carrying firearm during drug trafficking or crime of violence)
• Bank robbery (crime of violence)
• Carjacking (crime of violence)
• Assault with a dangerous weapon (crime of violence)
• Murder, attempted murder, conspiracy to commit murder (crime of violence + life/death sentence potential)
• Child pornography production (certain sections)
• Terrorism-related offenses

White-collar crimes usually don’t trigger the presumption. Fraud, embezzlement, tax evasion, money laundering (by itself), insider trading—these usually don’t carry the statutory presumption. That doesn’t mean you’ll definitely get released, but the burden doesn’t shift. The government has to prove your a risk; you don’t have to prove your not.

This is one reason why the federal system feels two-tiered. White-collar defendants charged with multimillion-dollar fraud schemes often get released on conditions. Drug defendants charged with conspiracies involving far less money often get detained. The nature of the offense, not the amount of harm, determines the presumption.

Conditions of Release vs. “Bail”

If you do get released, it’s not “bail” in the traditional sense. Your not posting $50,000 and walking out. Your agreeing to conditions of release.

The court has a menu of possible conditions under 18 U.S.C. § 3142(c):

Personal Recognizance: You just promise to show up. No money, no monitoring. This is rare in federal court and usually only for minor charges or defendants with impeccable records and strong ties.

Unsecured Bond: You (or someone else) signs a bond promising to pay $X if you flee. But nobody pays anything upfront. If you show up to all your hearings, nobody ever pays. If you run, the government can collect the bond amount from you or whoever signed. It’s basically a promise backed by financial threat.

Secured Bond: Someone actually has to put up property (like a house) as collateral. If you flee, they lose the property. This is more common than cash bail in federal court.

Third-Party Custodian: A responsible person agrees to supervise you and make sure you comply with conditions. Usually a family member. They sign paperwork accepting responsibility. If you screw up, there in trouble too (not criminal trouble, but they could be held in contempt or face financial penalties).

Home Detention: You can only leave home for approved reasons (court appearances, attorney meetings, medical appointments, sometimes work). You wear an electronic monitor (ankle bracelet) that tracks your location. Pretrial services monitors it. If you leave your approved zones, they know immediately.

Location Monitoring: Less restrictive than home detention. You can move around, but your location is tracked via GPS ankle monitor. You can’t go to certain places (often: airports, bus stations, co-defendants’ homes, the area where the offense occurred).

Travel Restrictions: You can’t leave the judicial district without permission. Or can’t leave a specific county. Or can’t leave a specific radius from your home. Depends on the restriction imposed.

Passport Surrender: You turn over your passport to the court or pretrial services. Can’t get a new one. Can’t leave the country.

Employment/Education Requirement: You have to maintain employment or enrollment in school. You have to provide proof.

No Contact Orders: You can’t contact co-defendants, witnesses, or victims. At all. Not in person, not by phone, not through intermediaries, not via social media. This is strictly enforced.

Substance Abuse Testing: Random drug and alcohol testing. If your charged with a drug offense, this is almost guaranteed.

Curfew: You have to be home between certain hours (like 8 PM to 6 AM).

Surrender Firearms: If you own guns, you turn them over. Can’t possess firearms while on release (this is usually a condition even if your not charged with a gun crime).

The judge can impose any combination of these. It’s not unusual to have five or six conditions stacked together. Home detention + GPS monitor + passport surrender + employment requirement + weekly check-ins with pretrial services + drug testing. All of them, together.

And if you violate any condition—even a technical violation—your bail can be revoked. Miss a check-in with pretrial services? Revoked. Test positive for marijuana? Revoked. Leave the district without permission? Revoked. Contact a co-defendant by accident? Revoked. The standard for revocation is lower than the standard for denying bail in the first place. Once your out, you have to be perfect.

What Happens If You’re Detained

If the judge denies release, you go back into custody. You’ll be held in a federal detention facility (not county jail, though sometimes defendants are housed in county jails under contract with the U.S. Marshals Service).

You stay detained until your case is resolved. If that takes six months, you sit for six months. If it takes two years (complex cases can), you sit for two years. This is pretrial detention—your presumed innocent, but your in custody.

You can appeal the detention order to the district judge (if a magistrate judge made the decision). The district judge reviews de novo, meaning they look at it fresh. But they give some deference to the magistrate judge’s factual findings. Most detention appeals fail.

Once detained, your incentive to plead guilty increases dramatically. If your sitting in custody and the government offers a plea deal with a sentence that’s less than the time you’ve already served, you might take it just to get out—even if you think you could win at trial. This is one reason why over 90% of federal cases end in guilty pleas. Detention creates massive pressure to plead.

Mistakes That Can Hurt You (Things Not to Do at Arraignment)

Here are the mistakes defendants make at arraingment that can hurt them later. Most of these come from not understanding what arraingment is and isn’t.

Don’t Try to Explain Your Case to the Judge: Arraingment isn’t the time to tell your side of the story. The judge doesn’t want to hear it. The prosecutor will take notes and use it against you. Your creating a public record of statements that can be used later. When the judge asks “how do you plead,” the answer is “not guilty” (or whatever your attorney advises), not “Your Honor, let me explain what really happened…”

I’ve seen defendants do this. They can’t help themselves. There charged with something, and they want to defend themselves right now. Don’t. Your attorney will physically cringe. The judge will cut you off. And anything you did manage to say is now part of the record.

Don’t Discuss Your Case in the Courthouse: The hallways, the elevators, the bathroom, the waiting area outside the courtroom—assume everything is monitored. Cameras. Undercover officers. Informants. Don’t discuss your case with anyone except your attorney in a private setting. I know someone who got indicted partially based on statements he made in a courthouse elevator that an undercover agent overheard. Not at arraingment, but in the courthouse for a hearing. The walls have ears.

Don’t Ignore Your Attorney’s Advice: Your attorney has been through this before. Many times. You haven’t. If your attorney says “plead not guilty and don’t say anything else,” do that. If your attorney says “don’t take the plea offer yet,” listen. You hired them (or the court appointed them) for a reason. This isn’t the time for independent thinking unless you actually know federal criminal procedure better than they do (you don’t).

Don’t Assume You’ll Be Released: Alot of defendants show up to arraingment thinking “I’ll post bail and go home today.” If your charged with certain federal offenses, there’s a good chance your not going home. Don’t make plans based on the assumption of release. Don’t promise your family you’ll be home tonight. Don’t leave your affairs in a mess thinking you’ll handle it after court. You might be detained. Be prepared for that possibility.

Don’t Make Statements to Pretrial Services Without Thinking: If your being considered for release, a pretrial services officer might interview you. They’ll ask about your living situation, employment, finances, criminal history, etc. This information goes in a report to the judge. Be truthful (lying will definitely hurt you), but don’t volunteer information that’s not asked for. Don’t confess to crimes. Don’t explain incriminating details. Answer the questions asked, nothing more. Your attorney should be with you during this interview.

Don’t Treat the Magistrate Judge Like Your Trial Judge: If you see a magistrate judge at arraingment, don’t waste energy trying to make a personal connection or impress them for trial. There probably not going to try your case. District judges handle trials. The magistrate judge is handling pretrial procedure. Be respectful (obviously), but don’t think your building rapport that will help at trial.

Don’t Contact Co-Defendants or Witnesses: If your released on conditions, you’ll almost certainly have a no-contact order. This means no contact. Not “just to see how there doing.” Not “to get our stories straight.” Not “to clear the air.” NO CONTACT. The government monitors this. They’ll find out. Your bail gets revoked, and you just gave them evidence of obstruction. If you need to communicate something, do it through attorneys.

Don’t Post About Your Case on Social Media: Seriously. Don’t tweet about how the charges are BS. Don’t post on Facebook about how your innocent. Don’t update Instagram from the courthouse. Prosecutors check social media. Everything you post can be used against you. Just don’t.

Don’t Lie About Your Finances: If your asking for a court-appointed attorney, the judge will ask about your finances. Be truthful. If you lie and it comes out later (and it often does—the government has access to your financial records), you’ll lose your appointed attorney, you might face separate charges for fraud, and you’ll have destroyed your credibility with the court. If you actually can’t afford an attorney, say so. If you can afford one but don’t want to spend the money, your not getting a free one.

Don’t Think This Is Negotiable: Some defendants treat arraingment like a negotiation. “Can we do the hearing next week instead?” “Can I plead guilty to a lesser charge?” “What if I do community service?” No. Arraingment is a procedural hearing required by law. The charges are the charges. Plea bargaining happens later, not at arraingment. The judge is following a script dictated by the Federal Rules of Criminal Procedure. This isn’t a conversation; it’s a formal legal proceeding.

Everything Is Public Record (And Why That Matters)

Here’s something most arraingment guides don’t emphasize enough: everything that happens in federal court becomes part of the permanent, public record. And I mean everything.

Federal court records are maintained in a system called PACER (Public Access to Court Electronic Records). Anyone can create a PACER account. Anyone can search for your case. Anyone can pull up the docket and see every filing, every motion, every hearing transcript, every order.

So when you have your arraingment:

• The indictment is public (everyone can read the exact charges against you)
• The hearing transcript is public (if transcribed, though not all arraingments are)
• Any statements you make in open court are public
• The judge’s detention or release decision is public
• The bail conditions are public
• Everything that follows in your case is public

Who looks at this stuff?

• Employers: Background check companies search PACER. If your arrested and arraigned on federal charges, it shows up. Even if the case is later dismissed. Even if your found not guilty. The arrest and charges become part of your public record.
• Media: Reporters monitor federal court dockets for newsworthy cases. If your case is interesting (public corruption, large drug conspiracy, child pornography, terrorism, fraud involving well-known companies, etc.), the media will report on it. They get the information from PACER.
• Opposing Parties in Civil Litigation: If you get sued later for something unrelated, the other side’s attorneys will search PACER for your name. They’ll find your federal criminal case. They’ll use it to attack your credibility.
• Licensing Boards: If you have a professional license (lawyer, doctor, nurse, accountant, real estate agent, etc.), your licensing board might search PACER or receive notification of federal charges. This can trigger disciplinary proceedings separate from the criminal case.
• Curious People: Nosy neighbors. Estranged family members. People you had a falling out with. Anyone can search your name and find your federal case.

This is different from state court in most jurisdictions. State court records exist, but there not centralized in one easily searchable database the way PACER is. Federal records are more accessible, more permanent, and more likely to be found.

What can you do about this? Not much. Federal court is open court by constitutional requirement. The public has a right to access court proceedings and records. You can’t seal your arraingment or hide your indictment (except in very rare cases involving national security or ongoing investigations where the indictment is initially sealed—but it eventually becomes public).

This is why your behavior at arraingment matters. Anything you say in that courtroom gets recorded. It becomes part of the transcript. Anyone can read it. Your emotional outburst. Your attempt to explain your innocence. Your angry comment to the prosecutor. It’s all there, forever, searchable by anyone who wants to look.

So remain calm. Stay quiet except when directly asked a question. Let your attorney do the talking. Assume everything is being recorded (because it is), and assume everyone will eventually read it (because they might).

After Arraignment: The Road Ahead

Arraingment isn’t the end—it’s barely the beginning. Here’s what happens after you plead not guilty at arraingment.

Discovery and Evidence

Your attorney will request discovery from the government. Discovery is the evidence—the stuff the prosecution plans to use against you, and the stuff there required to give you under various rules.

The government has to turn over:

• Inculpatory Evidence: The evidence that proves your guilty. Police reports, witness statements, physical evidence, lab reports, financial records, wiretap recordings, whatever there using.
• Exculpatory Evidence (Brady Material): Evidence that might prove your innocent or undermine the governments case. If they have a witness who says you weren’t there, they have to tell you. If they have evidence that contradicts their theory, they have to turn it over. The prosecution has a constitutional obligation to disclose this under Brady v. Maryland.
• Impeachment Evidence (Giglio Material): Evidence that could be used to impeach the governments witnesses. If a witness has a criminal record, made inconsistent statements, was promised leniency in exchange for testimony, etc., the government has to disclose it under Giglio v. United States.

Discovery in federal cases is often massive. Tens of thousands of pages of documents. Hours of recordings. Financial records going back years. Your attorney has to review all of it, identify the key evidence, and figure out how to defend against it.

This takes time. Weeks or months depending on the complexity of the case.

Pretrial Motions

Your attorney will file motions challenging various aspects of the case:

Motion to Suppress Evidence: If the police or federal agents violated your Fourth Amendment rights (illegal search, invalid warrant, etc.), your attorney can move to suppress the evidence they found. If the motion is granted, the government can’t use that evidence at trial. Depending on the case, this might mean they have to dismiss the charges.

Motion to Dismiss: Arguing that the indictment is legally insufficient, the statute is unconstitutional, the prosecution is vindictive, etc. These are rarely granted, but worth filing if there’s a valid basis.

Motion for Bill of Particulars: Asking the government to provide more details about the charges. Indictments can be vague. This motion forces them to be more specific.

Motion in Limine: Asking the court to exclude certain evidence or arguments at trial. Maybe the government wants to introduce prejudicial evidence that’s not relevant. Your attorney moves to keep it out.

The government will oppose these motions. The judge will hold hearings, take arguments, and issue rulings. This is the pretrial litigation phase, and it can take months.

Plea Negotiations (The Reality)

While all this is happening, your attorney and the prosecutor are usually talking about a plea deal.

The reality: over 90% of federal criminal cases end in guilty pleas, not trials. Most of those pleas are the result of negotiated agreements between the defense and prosecution.

Here’s how it typically works:

The prosecutor offers a deal: plead guilty to X charges (maybe fewer than your indicted on), and we’ll recommend Y sentence (maybe lower than the guideline range). You accept the deal, plead guilty, and the case is over. You go to sentencing, and the judge usually follows the agreed recommendation (though judges aren’t bound by plea agreements).

Why do so many cases plead out?

• The government usually has strong evidence (they’ve been investigating for months or years before charging)
• Federal conviction rates at trial are over 80%—if you go to trial and lose, you’ll probably get a longer sentence than if you’d taken the plea deal
• Trials are expensive and stressful
• If your detained pretrial, the pressure to plead is enormous (you want to get out)
• Cooperation is incentivized—if you plead guilty and cooperate with the government (testify against others, provide information), you can get a substantial sentence reduction

Your attorney will advise you on whether a plea offer is reasonable. You’ll have to decide whether to accept it, reject it and try to negotiate better terms, or reject it and go to trial.

This is the biggest decision in your case, and it usually happens months after arraingment. The not guilty plea you entered at arraingment kept the door open for this negotiation.

Trial Timeline

If you don’t plead guilty—if you reject plea offers and demand a trial—here’s the timeline:

The Speedy Trial Act requires that trial begin within 70 days of indictment or initial appearance, whichever is later. But there are tons of exclusions. Time for filing and deciding motions is excluded. Time for competency evaluations is excluded. Time granted for continuances is excluded. In practice, federal trials often happen 6-12 months after arraingment, sometimes longer for complex cases.

Your attorney can waive speedy trial to get more time to prepare. This is common. You want your attorney to have enough time to review discovery, investigate, file motions, and prepare for trial. Rushing to trial in 70 days is usually a bad idea.

Trials themselves vary in length. A simple drug case might take 2-3 days. A complex fraud case might take weeks. The government presents its case first, calling witnesses and introducing evidence. Your attorney cross-examines. Then the defense presents its case (or doesn’t—you have no obligation to present evidence; the burden is on the government). Closing arguments. Jury deliberates. Verdict.

If your found guilty, sentencing happens later (usually 90-120 days after verdict). If your found not guilty, your free.

But again: trials are rare. Most defendants plead guilty after negotiating.

The whole process—from arraingment to final resolution—takes an average of 6-12 months for cases that plead out, longer for cases that go to trial. Complex white-collar cases can take years.

How to Prepare (Practical Advice)

If you’ve got a federal arraingment coming up, here’s how to actually prepare.

Hire an Attorney Before Arraignment If Possible: If you know your being charged (you got a target letter, you know your under investigation, etc.), hire a federal criminal defense attorney before arraingment. They can negotiate with the government, possibly arrange voluntary surrender, and prepare you for what’s coming. If your arrested without warning, you don’t have this option—but if you do have advance notice, use it.

What to Wear: Dress conservatively and respectfully. You want to look like someone who takes this seriously. Men: slacks, button-down shirt, tie if possible. No jeans, no t-shirts, no sneakers. Women: conservative dress or slacks and blouse. Nothing revealing, nothing flashy. This isn’t fashion advice—it’s strategy. Judges notice how defendants present themselves.

If your in custody, you’ll be in jail clothes. You can’t control this. But if your not in custody, dress appropriately.

What to Bring: Bring ID (you’ll need it to enter the courthouse). If your not in custody, bring information your attorney might need (proof of employment, community ties, etc.). Don’t bring your phone if you can avoid it—courthouses often don’t allow them, and you’ll have to leave it in the car or check it. Don’t bring anything valuable.

What to Expect Emotionally: This will be stressful. Federal court is intimidating by design. The courthouse is imposing. The courtroom is formal. The judge sits above you on a raised bench. Marshals are armed. The prosecutor represents the United States of America. The whole thing is designed to make you feel small.

Expect to be nervous. That’s normal. But try to stay calm. Listen to your attorney. Follow the judge’s instructions. Don’t let your emotions (anger, fear, sadness) control your behavior. You need to get through this hearing, and emotional outbursts don’t help.

How to Communicate with Your Attorney: If you hired an attorney, you’ve hopefully already discussed the case in detail. If your meeting your appointed attorney for the first time at arraingment, you’ll have limited time to talk. Be concise. Tell them the most important facts. Ask critical questions (will I be detained? What should I plead?). Don’t try to explain your entire life story in 15 minutes.

After arraingment, you’ll have more time for detailed discussions.

What Family Members Should Know: If your family is attending arraingment, they should know:

• The hearing will be short (often 15-30 minutes)
• They can’t speak during the hearing
• They might not be able to talk to you if your in custody (depends on courthouse rules)
• They should be prepared for the possibility that you’ll be detained and won’t come home
• There might be media there if the case is high-profile
• They should dress respectfully (judges notice)

If the judge is considering release, having family present can help. It shows community ties and support. Your attorney might call a family member to testify at a detention hearing about why your not a flight risk. But they should be prepared to testify—the prosecutor will cross-examine them.

Mental Preparation: Understand what arraingment is: a procedural hearing, not the final resolution of your case. You’ll plead not guilty (probably), the judge will make a detention decision, and the case will continue. This is the first step in a long process. Don’t expect resolution or closure at arraingment. Expect the beginning of uncertainty.

If you can’t afford an attorney, you’ll get one appointed. If your detained, you can appeal. If your released, you’ll have conditions to follow. The case will move forward, and you’ll have time to work with your attorney on strategy.

But prepare yourself for the possibility of bad news (detention, strict release conditions, seeing the full scope of charges against you for the first time). Hope for the best, prepare for the worst.

Conclusion

Federal arraingment on criminal charges is the moment when the governments case against you becomes official. By the time you walk into that courtroom, the prosecution has almost certainly spent months or years building evidence. The arraingment itself is a procedural formality—you’ll be informed of the charges, advised of your rights, and asked to enter a plea. You’ll probably plead not guilty, which doesn’t mean your claiming innocence; it means your preserving your options and making the government prove its case.

The most critical decision at arraingment is usually the bail determination. In federal court, there’s no bail bondsman to call. For serious charges, there’s a legal presumption that you should be detained. If your released, it’ll be on strict conditions. If your detained, you’ll stay in custody until the case resolves. This decision has huge implications for how your case proceeds.

Everything that happens at arraingment becomes permanent public record. Anyone can search PACER and find your case. Your statements in court can be used against you. This isn’t the time to explain your innocence or tell your side—it’s the time to listen to your attorney, answer only what’s asked, and preserve your rights.

After arraingment, the real work begins: discovery, pretrial motions, plea negotiations. Over 90% of federal cases end in plea deals, not trials. The not guilty plea you entered at arraingment is almost never your final plea—it’s a placeholder while you and your attorney figure out strategy.

If your facing federal charges, you need an experienced federal criminal defense attorney. Not a state court lawyer who dabbles in federal cases. Not a general practice attorney. A lawyer who knows federal procedure, federal prosecutors, federal judges, and federal sentencing guidelines. The stakes are too high for anything less.

The federal system is unforgiving. It moves fast. It hits hard. And by the time you get to arraingment, the government already has you in there sights. But understanding the process—what arraingment actually is, what happens before and after, what rights you have, what mistakes to avoid—gives you the best chance of navigating it successfully.