I Have an Arraignment Date Set in Massachusetts or New Hampshire — What Is Going to Happen?

If you have been charged with a crime in Massachusetts or New Hampshire, your first court appearance will usually be an arraignment. This is the first formal step in the criminal process where you are informed of the charges against you and your case officially begins in court.

While the general purpose of an arraignment is similar in both states, there are some differences in procedure. Understanding what to expect will help you prepare and avoid mistakes that could negatively impact your case.

What Is an Arraignment?

An arraignment is a court hearing during which the judge formally notifies you of the criminal charges filed against you, explains your rights, and asks how you wish to plead. It is also the stage where issues of bail and release conditions are determined if you were arrested or held in custody.

This hearing marks the official start of your criminal case.

What Happens at an Arraignment in Massachusetts

Reading of the Charges

The judge or prosecutor will read the charges against you, and you will be given a copy of the criminal complaint. You have the right to understand exactly what you are accused of before entering any plea.

Explanation of Rights

The court will explain your constitutional rights, including the right to be represented by an attorney, the right to remain silent, and the right to a trial. If you cannot afford a lawyer, you may request a court-appointed attorney through the Committee for Public Counsel Services (CPCS).

Entering a Plea

Most defendants enter a not guilty plea at arraignment. This preserves all legal options and gives your attorney time to review the evidence, negotiate with the prosecution, and prepare a defense.

Bail or Release Determination

If you were arrested, the judge will decide whether to release you and under what conditions. Options include release on personal recognizance, cash bail, or conditions such as no-contact orders, GPS monitoring, or pretrial supervision. Your attorney can argue for your release and challenge any unreasonable conditions.

Next Court Date

The court will schedule your next appearance — typically a pretrial conference or probable cause hearing (in felony cases). You will be required to appear on that date unless excused by the court.

What Happens at an Arraignment in New Hampshire

New Hampshire’s arraignment process is similar but has some procedural differences depending on whether your case is in Circuit Court (for misdemeanors) or Superior Court (for felonies).

Identification and Charges

The judge will confirm your identity and read or summarize the charges. You will receive copies of the complaint or indictment.

Advisement of Rights

The judge will explain your rights, including the right to an attorney and the right to remain silent. If you cannot afford counsel, you can apply for a public defender or court-appointed attorney.

Entering a Plea

For most misdemeanor charges, you will be asked to enter a plea. The vast majority of defendants plead not guilty at this stage. For felony charges, the court may schedule a probable cause hearing instead of requiring a plea right away.

Bail or Release Decision

The court will review your bail status. The judge can release you on personal recognizance, set a bail amount, or impose conditions such as no contact with alleged victims, substance testing, or check-ins with a bail supervisor.

Scheduling Future Dates

The court will set your next hearing date — typically a pretrial conference or dispositional conference — where your attorney and the prosecutor will begin discussing the evidence and possible resolutions.

If You Miss Your Arraignment

Failing to appear at your arraignment in either Massachusetts or New Hampshire can have serious consequences. The court will likely issue a bench warrant for your arrest, and you may face additional charges or lose any bail money previously posted.

If an emergency arises, contact your attorney or the clerk’s office before your arraignment date to request a continuance.

How to Prepare for Your Arraignment

• Arrive early and dress respectfully for court.
• Bring identification and any paperwork you have received about your case.
• Do not discuss your case with anyone other than your attorney. Anything said in court can be used against you.
• Consult with a criminal defense lawyer before your arraignment if possible. Your attorney can enter your plea, argue for your release, and begin protecting your rights from the start.

The Bottom Line

An arraignment in Massachusetts or New Hampshire is the first formal step in your criminal case. While it may seem straightforward, decisions made at this stage — such as your plea and bail conditions — can have a lasting impact.

If you have an arraignment scheduled, it is important to speak with an experienced criminal defense attorney familiar with the laws of your state. Your lawyer can guide you through the process, appear with you in court, and help ensure your rights are protected from the very beginning.