There are two types of arraignment hearings in Philadelphia state court. The first occurs shortly after the defendant is arrested and is called a preliminary arraignment. The second, called formal arraignment, occurs shortly after the preliminary hearing if the defendant has been held for court on a felony charge or directly before trial where the defendant is going to trial in the Municipal Court on misdemeanor charges.

What is an arraignment?

The two types of procedures are very different because the preliminary arraignment is an important step in the process during which the defendant will have bail set by a magistrate or trial commissioner. The amount of bail that the defendant has to pay to be released is extremely important because if the defendant cannot afford to pay bail, then the defendant will be held in custody until either the case is resolved or a judge reduces the bail at a subsequent hearing. Unlike preliminary arraignment, very little happens at formal arraignment. Instead, the defendant is simply advised of the charges against him or her and given the opportunity to plead not guilty. Where the defendant is not in custody, we will typically waive the hearing so that the defendant does not have to make an extra trip to court. Thus, at both types of hearings, the defendant will be advised of the charges and given the opportunity to plead not guilty, but at preliminary arraignment, the defendant will have bail set by a magistrate. This makes the preliminary proceeding much more important.

What happens at the Preliminary Arraignment?

The first type of arraignment that occurs after a defendant has been charged with a crime in Philadelphia is the preliminary arraignment. This hearing takes place in the basement of the Criminal Justice Center. Once the defendant has been arrested, the defendant will typically be held at the police station for 10-20 hours while they are processed by the police. During that 10-20 hour period, the police will prepare reports, court officers will investigate the defendant’s background, call a family member to verify the defendant’s address, and make a bail recommendation, and the District Attorney’s Office will decide on the final charges that the defendant will face.

Once police and court officials complete that process, a trial commissioner will hold a hearing to advise the defendant of the charges and set bail. Unfortunately, there is no way to avoid being held for 10-20 hours during this processing period. However, in general, if you have an outstanding arrest warrant, we find that the best day to turn yourself in for a quick processing is on Tuesday mornings. In some cases, we have been able to have clients processed and seen by a magistrate in around six hours where they turn themselves in first thing on Tuesday morning.

Do I need a lawyer for Preliminary Arraignment?

Yes. The hearing takes place in the basement of the Criminal Justice Center roughly 10-20 hours after a defendant has been arrested. The trial commissioner, defense counsel if counsel has been retained, a public defender intern, and a District Attorney’s Office intern are all physically present in the building. The defendant participates in the hearing by video from the police station where the defendant is still being held. The commissioner will then read the charges to the defendant, provide the defendant with date of the first court hearing, and then accept argument from the prosecution and the defense as to what bail should be required before the defendant can be released.

Under the current system, the prosecution is generally asking for little or no bail for many non-violent crimes and misdemeanors, but bail can be very high for violent crimes, defendants with lengthy prior records, and certain felony offenses. Therefore, it is important, when possible, that you retain an attorney prior to turning yourself in so that you can have an attorney present for the bail hearing and get the lowest possible bail.

What happens after the Preliminary Arraignment?

If the defendant quickly makes bail (which can be paid online with a credit or debit card, in the courthouse, or at the prison), then the defendant will be released with a subpoena to return for a court date. If the defendant cannot make bail, then the defendant will be transported to the Curran-Fromhold Correctional Facility and detained until the defendant either makes bail, bail gets reduced, or the case gets resolved. This process is the preliminary arraignment, and it is an important part of the criminal justice process. Either way, in a felony case, the accused will receive a subpoena for a preliminary hearing court date.

What is Formal Arraignment?

Arraignment is a much less important part of the criminal justice process than the preliminary version. In Philadelphia, it generally takes place only in a felony case. When a defendant is charged with a felony in Philadelphia, the first court hearing after the preliminary arraignment is a preliminary hearing which takes place in front of a Municipal Court judge. At that hearing, the Municipal Court judge must determine whether there is enough evidence that the case should go forward to the Court of Common Pleas on felony charges, be remanded to the Municipal Court on misdemeanor charges, or be dismissed altogether. Assuming the prosecution introduces enough evidence that a felony occurred and the defendant committed the felony to send the case to the Court of Common Pleas, the court date after the preliminary hearing will be the formal arraignment.

Very little, if anything, actually happens at this hearing. If the defendant has retained a private criminal defense attorney, that attorney can waive the hearing so that the defendant will not have to appear. The public defender will not usually waive the hearing for a defendant. The defendant will then simply receive a new court date for a Pre-Trial Conference (SMART Room listing) at which the prosecution will make a plea offer and provide the defense with discovery such as the police reports, witness statements, videos, and other things of that nature. If the defendant is in custody due to a probation detainer or because the defendant does not make bail, then the defendant will not even be brought to the arraignment and will simply receive a new court date. If the defendant does not retain counsel and has a public defender, then the defendant will typically have to appear for the arraignment.

The trial commissioner will advise the defendant of the charges that have survived the preliminary hearing, the defense attorney will enter a not guilty plea on behalf of the defendant, and the parties will discuss whether there is any discovery that has been passed or whether discovery remains outstanding. The defendant will then receive a subpoena for the next court date, which will be the previously-discusssed Pre-Trial Conference (“SMART room” in Philadelphia).

In a misdemeanor case, the accused technically has the right to be arraigned by a Municipal Court judge directly before the trial takes place. This typically does not provide any benefit to the accused, so the defense will usually waive the reading of the charges in a misdemeanor case in order to expedite things as the charges have been provided in the complaint in advance.

The differences between the two hearings

The bottom line is that the preliminary arraignment takes place right at the beginning of the case and is an extremely important hearing. It is a crucial hearing in which the defense attorney can fight for low bail so that the client is not held in custody pending the resolution of the charges. The formal arraignment, however, is relatively insignificant and can typically be waived so that the defendant does not have to miss work or incur the cost in terms of time and lost wages of attending court for a date on which very little will happen.

What happens in the rest of the state?

in the rest of the state, less serious criminal cases are often initiated by police sending the defendant a summons in the mail directing the defendant to appear in court for a preliminary arraignment, to get fingerprinted, and to schedule a preliminary hearing. Philadelphia police do not do this; instead, they almost always simply arrest someone. In the rest of the state, once a defendant has received a summons, he or she can retain an attorney and make arrangements with the assigned detective to schedule the first hearing in the case where bail will be set and a preliminary hearing will be scheduled. This makes it much easier for a defendant to have a lawyer present for the hearing as the arrest is less likely to happen by surprise.

What happens at arraignment in New Jersey or Federal Court?

New Jersey and the Federal court system also have arraignment proceedings which are somewhat different. In both of those systems, arraignment occurs after a defendant has been indicted by a grand jury because those systems do not have preliminary hearings in the way that Pennsylvania does. Once a grand jury returns an indictment, the defendant goes before the assigned judge for the arraignment and is advised of the charges and typically enters a plea of not guilty. The judge will then set a schedule for the filing of pre-trial motions and exchange of discovery.

Are you facing criminal charges? We can help.

If you are facing criminal charges or may be under investigation by law enforcement, we can help. Our Philadelphia criminal defense attorneys have successfully defended thousands of clients in Pennsylvania and New Jersey. We offer a free 15 minute criminal defense strategy session to each potential client. Call 267-225-2545 to speak with an experienced and understanding criminal defense lawyer today.

What happens at arraignment in Philadelphia?