What Happens at an Arraignment in Pennsylvania?

An arraignment is the court hearing where you are formally told the charges against you, advised of your rights, and, at the formal arraignment, asked to enter a plea. In Pennsylvania there are two: the preliminary arraignment right after an arrest, and the formal arraignment in the Court of Common Pleas if your case moves forward after the preliminary hearing.

You have the right to obtain an attorney at any time during the criminal court process. If you have been arrested for a Pennsylvania crime and are going through the arraignment process, contact an experienced Pittsburgh criminal defense lawyer near you at (412) 281-2146 for a free consultation so we can help you get your life back on track. Learn more about our firm and why over 300 clients have trusted us with five-star reviews.

Preliminary vs. Formal Arraignment: What Happens at Each Stage

The two arraignments come at different points in a criminal case. The preliminary arraignment happens first, shortly after an arrest, before a magistrate. It covers the charges, your rights, and bail, and it sets the date for your preliminary hearing. The formal arraignment happens later, after the preliminary hearing, in the Court of Common Pleas. It is where you enter your plea (guilty, not guilty, or nolo contendere) and where the deadlines for pretrial motions start to run.

Both hearings matter. The bail decision at the preliminary arraignment determines whether you go home that day, and the formal arraignment starts the clock on the motions that can shape your defense.

If you were recently arrested and have an upcoming arraignment, having an experienced defense attorney by your side can make a significant difference in your bail outcome and overall case strategy.

The Preliminary Arraignment

The preliminary arraignment is a brief hearing held before a magistrate in Pennsylvania. This is the first time you will attend court after an arrest. You must attend a preliminary arraignment when you are arrested without a warrant or based on a warrant. You may be lawfully arrested without a warrant if the police have probable cause to believe you committed a crime, such as if you were pulled over for a DUI or involved in a public fight. You can also be taken into custody if an arrest warrant was issued based on evidence you were involved with a previously committed crime.

In Pennsylvania, criminal suspects are brought to the District Court within 72 hours of their arrest. In general, you will be arrested, booked into jail, and then must wait to be released from jail until after your arraignment.

Not every case starts with an arrest. If you received a criminal summons instead, the summons tells you when and where to appear, and your first court date is usually the preliminary hearing rather than a preliminary arraignment.

What to Expect at a Preliminary Arraignment

• The charges are read. You receive a copy of the criminal complaint. If you were arrested on a warrant, you also receive a copy of the warrant and any supporting affidavits.
• The court advises you of your rights, including your right to an attorney, your right to a preliminary hearing, and your right to seek release on bail.
• The magistrate decides bail. You may be released on your own recognizance, released on unsecured bail (which requires no money up front), or required to post monetary bail. The decision depends on the offense you are charged with, your criminal history, your employment and financial status, and your ties to the community. If you are charged with a felony or violent offense, you will likely be required to pay bail to be released, or bail may be denied.
• Your preliminary hearing is scheduled, usually within 14 days. If you do not have an attorney at your preliminary arraignment, make sure you have one by then. At the preliminary hearing, the district attorney presents evidence and the magistrate decides whether there is enough for the case to move forward. It is your first opportunity to attack the evidence against you and have the charges reduced or dropped.

A preliminary arraignment is nothing like a trial. Your innocence or guilt is not at issue yet. However, you should still have a defense lawyer there to protect your rights. If you have been arrested, contact a Pittsburgh criminal defense attorney at Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, or have your family call (412) 281-2146 as soon as possible.

What Is a Formal Arraignment in Pennsylvania?

A formal arraignment in Pennsylvania is the hearing in the Court of Common Pleas, held after the preliminary hearing, where you are formally presented with the charges the district attorney has filed and you enter your plea.

Here is what happens at a formal arraignment:

• The charges are read. You receive a copy of the formal charges filed by the district attorney and are advised again of your right to an attorney.
• You enter a plea: guilty, not guilty, or nolo contendere.
• Deadlines are set for pretrial motions and discovery, including any motion to suppress evidence.
• Your next court date is scheduled. You will also be told that if you fail to appear at any future court date, the proceedings can move forward without you.

At the formal arraignment, your criminal case is transferred from the local district court to the trial court. The motion deadlines set at this hearing matter. Some motions must be filed within 30 days of your arraignment, which is something you should speak with your attorney about. If you do not file these motions within the deadline, you lose your right to do so.

You should consult with a Pittsburgh arraignment attorney to determine how you should plead at the formal arraignment. A plea of not guilty will likely give you and your attorney time to build a strong defense. If you have retained a defense attorney, you may be able to waive your appearance at the formal arraignment and not have to appear in person. Ask your attorney whether that is an option in your case.

Arraignment in Allegheny County Court of Common Pleas

If you are facing criminal charges in Pittsburgh or the surrounding area, your formal arraignment will take place at the Allegheny County Courthouse, located at 436 Grant Street in downtown Pittsburgh. Allegheny County processes thousands of criminal cases each year, and understanding how the local court handles arraignments can help you prepare.

In Allegheny County, preliminary arraignments for most arrests are handled by the Pittsburgh Municipal Court magistrates, who operate around the clock. After a preliminary hearing determines there is sufficient evidence to proceed, your case is bound over to the Allegheny County Court of Common Pleas for formal arraignment. At this stage, you will enter your plea and receive a schedule for pretrial proceedings, including deadlines for filing suppression motions and other pretrial motions.

Having an experienced local defense attorney who knows the Allegheny County court system, the judges, and the district attorney’s office can give you an advantage at every stage. At Worgul, Sarna & Ness, our attorneys have represented clients in the Allegheny County courts for over 20 years. Call (412) 281-2146 for a free consultation.

Frequently Asked Questions About Arraignment in Pennsylvania

How long does an arraignment take?

A preliminary arraignment in Pennsylvania is typically a brief proceeding lasting 15 to 30 minutes. The magistrate reads the charges, sets bail, and schedules the preliminary hearing. A formal arraignment at the Court of Common Pleas may also be relatively short, though wait times at the courthouse can make the overall experience longer. If you have an attorney present, the process generally moves more smoothly.

Do I need a lawyer at my arraignment?

While you are not legally required to have an attorney at your preliminary arraignment, it is strongly recommended. A defense lawyer can argue for lower bail or release on your own recognizance, identify issues with the charges early, and begin building your defense strategy from day one. At Worgul, Sarna & Ness, we routinely appear at arraignments on behalf of clients across Allegheny County.

Can I plead not guilty at my arraignment in Pennsylvania?

Yes. At a formal arraignment, you will be asked to enter a plea. Most defense attorneys recommend entering a not guilty plea at this stage, which preserves all of your rights and gives your attorney time to review evidence, negotiate with prosecutors, and file pretrial motions. You can always change your plea later through a plea agreement if the circumstances warrant it.

What happens if I miss my arraignment in PA?

If you fail to appear at a scheduled arraignment, the judge will likely issue a bench warrant for your arrest. This can result in additional charges, higher bail, and the court proceeding without you. If you have a legitimate reason for missing your arraignment, contact a criminal defense attorney immediately to address the situation before the warrant is executed.

Can charges be dropped at an arraignment?

Charges are rarely dropped at the arraignment stage itself. However, an experienced attorney can identify weaknesses in the prosecution’s case early and may be able to get charges reduced or dismissed at the preliminary hearing, which is typically scheduled within 14 days of the arraignment. The arraignment is primarily a procedural step, not an evidentiary hearing.

What is the difference between a preliminary arraignment and a formal arraignment?

A preliminary arraignment is your first court appearance after an arrest, held before a magistrate to inform you of the charges and your rights and to set bail. No plea is entered there. A formal arraignment comes later, in the Court of Common Pleas after the preliminary hearing, and that is where you enter your plea and receive the deadlines for pretrial motions.

What should I bring to my arraignment?

Bring the paperwork you were given when you were charged or released, including any bail paperwork, along with a photo ID and your lawyer’s contact information. Dress as you would for any court appearance and arrive early, since you may need to pass through security and find the right courtroom. If you are not sure whether you have everything, call your attorney before the hearing.

Contact Worgul, Sarna & Ness About Your Pennsylvania Arraignment

If you have been arrested for a Pennsylvania crime and are going through the arraignment process, call Worgul, Sarna & Ness at (412) 281-2146 for a free consultation, or send us a message to tell us about your case.

Going before a magistrate or judge for the first time can be frightening, especially when you are not sure of what happens or what you are supposed to do. At Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, we will make sure you are prepared for every step of the criminal court process, from the preliminary arraignment to trial. We will fight for your rights and freedom every step of the way.