What Does It Mean If I Receive a Summons to Appear for an Arraignment in Massachusetts and New Hampshire?

Receiving a summons to appear for an arraignment can be stressful and confusing, especially if it is your first time being involved in the criminal court system. Understanding what the summons means—and what to expect at your arraignment—is critical to protecting your rights and preparing for what comes next.

What Is an Arraignment?

An arraignment is the first formal court appearance in a criminal case. It is the stage where you are officially informed of the charges against you and asked to enter a plea—typically “not guilty.”

If you received a summons instead of being arrested, it generally means that the police or prosecutor filed a criminal complaint, and the court determined there was enough evidence to issue the summons rather than taking you into custody.

What Happens at an Arraignment in Massachusetts

In Massachusetts, when you appear for your arraignment, the judge will:

• Read or summarize the criminal charges against you.
• Ask if you have a lawyer or if you need a court-appointed attorney.
• Ask for your plea (most defendants plead not guilty at this stage).
• Decide whether to release you on your own recognizance or impose bail conditions.

If you were summoned (rather than arrested), you will not usually be taken into custody unless you fail to appear or there are special circumstances. After the arraignment, your case will move forward to pretrial hearings, where your attorney can begin negotiating with the prosecution or filing motions to challenge the evidence.

What Happens at an Arraignment in New Hampshire

In New Hampshire, the arraignment process is similar but may vary depending on whether the charge is a misdemeanor or a felony.

For misdemeanors, the arraignment is often held in District Court, where you will be informed of your charges and asked to enter a plea. For felony charges, you will typically appear first in District Court for arraignment and then later in Superior Court after a grand jury indictment or probable cause hearing.

At the arraignment, the judge will also review bail or release conditions. You will not generally be required to post bail if you were issued a summons—unless the court believes you may fail to appear or pose a danger to others.

What Should You Do If You Receive a Summons?

If you receive a summons to appear for an arraignment in either Massachusetts or New Hampshire, you should:

• Read the summons carefully to note the date, time, and court location.
• Do not ignore it. Failing to appear can result in a warrant for your arrest.
• Contact a criminal defense lawyer immediately. Your attorney can review the complaint, explain the charges, and appear with you at the arraignment.

Having a lawyer from the very beginning can make a significant difference in the outcome of your case. Your attorney can begin building your defense, preserve evidence, and communicate with the prosecutor on your behalf.

The Bottom Line

A summons to appear for an arraignment means that criminal charges have been formally filed against you, but you are being asked to appear in court voluntarily rather than being arrested.

While a summons may seem less serious than an arrest, it is still the beginning of a criminal prosecution. It is essential to take it seriously, appear in court as directed, and consult an experienced criminal defense lawyer in Massachusetts or New Hampshire to protect your rights and prepare your defense.