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What Happens at an Arraignment in Nevada?

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Estimated reading time: 5 minutes

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Arraignment is a word that carries some weight. We hear it on the news, in crime shows, and in discussions about arrests and court cases. But while people tend to picture some sort of dramatic courtroom moment, the reality is that an arraignment is little more than a brief, procedural step that happens in the early stages of nearly every case we handle at Goodman Law Group.

Nevertheless, we know that facing down an arraignment can still be stressful, especially when you’re unfamiliar with the process or fearing for your future. It’s why taking the time to learn what to expect going in can make a real difference in how it feels once you’re there.

What Arraignment Actually Is

Under NRS 174.015, arraignment is the first formal court appearance in a Nevada criminal case. It’s conducted in open court, where the defendant states their true legal name, hears the charges against them, and enters a plea. Per the law, defendants must be given a copy of the charging document before they are asked to plead. They can also have attorneys present with them.

There are a few options for pleading:

  • Guilty
  • Not guilty
  • No contest (nolo contendere, with the court’s consent)
  • Guilty but mentally ill

In most matters, and especially those where defendants have already consulted an attorney, nearly everyone pleads not guilty at arraignment, even if they expect to negotiate or take a plea deal at a later time. Entering not guilty at this stage of a case only benefits you by keeping your options open, and doesn’t mean much in terms of how a case will resolve.

Arraignment is part of nearly every case, but there are times when one doesn’t happen. This includes cases where police might make an arrest but prosecutors decide to drop charges, a defendant chooses to enter some type of pre-filing program to avoid court entirely (if one is available), or minor traffic tickets, which are civil matters.

Misdemeanor vs. Felony Arraignments

Arraignments can work slightly different depending on the level of the offense. For example:

  • For misdemeanors, there's typically just one hearing, which takes place in justice court or municipal court shortly after the arrest or citation. At the appearance, the charges are read and a plea is entered directly.
  • For feloniesand gross misdemeanors, there’s an extra step. First, an initial appearance takes place soon after the arrest. At this appearance, a magistrate advises the defendant of their rights and sets bail. From there, the case will proceed through a preliminary hearing or a grand jury indictment, where a judge or grand jury determines whether the case will move forward. If the case is bound over, a formal arraignment will take place in district court, where the charges will be read and the defendant enters a plea.

This additional layer is why some felony defendants feel like get arraigned twice, once at an initial appearance and again at the formal arraignment in district court. Both hearings are real but serve different roles in the process.

What Happens During Arraignment

Arraignment hearings are themselves quite brief. The court reads the charges, confirms the defendant has received a copy, and asks for a plea. If bail hasn't been set, the defense often gets an opportunity to argue for release or a reduction in bail. At the end, the next court date will be set, whether it’s for a preliminary hearing, a pretrial conference, or trial.

Under NRS 174.511, the State may demand trial with 60 days after arraignment but the timeline can and often does get extended by the court following an agreement or motion.

Is Arraignment a Bad Thing?

An arraignment is an important procedural step, but it doesn’t determine your guilt, your defense, or the trajectory of your case.

It's the point in a criminal case where the government has to formally tell you the charges you’re facing, and where you have a chance to respond to those allegations. For anyone in custody, it can also be the first real opportunity to argue for release.

Arraignments can lead to real problems, however, especially if you miss or skip it. Failing to appear at a scheduled arraignment can result in a bench warrant being issued for your arrest. This creates an additional legal issue on top of whatever the original charge was and can result in an unexpected arrest should you encounter law enforcement.

This all goes to say that while you should certainly prepare yourself for an arraignment, you don’t have to needlessly stress about it. With the help of an experienced attorney, you can get a better grasp of what to expect given the specific facts of your case, as well as how you can best position and prepare yourself to secure the best possible result as your case unfolds.

As a firm that routinely guides clients through cases from pre-indictment and arraignment and beyond, Goodman Law Group can help.

Frequently Asked Questions

Do I Have to Say Anything at My Arraignment?

Beyond entering a plea to the charges against you, no. This isn't the hearing where you explain your side of events or present a defense, and doing so isn't advisable without an attorney present.

Can My Attorney Appear for Me Instead of Me Going in Person?

Often, yes, especially for misdemeanor offenses once representation is on file. Felony cases generally require the defendant's presence at arraignment, though this can vary by court and charge.

What Happens if I Miss My Arraignment?

If you miss a scheduled arraignment, the court will typically issue a bench warrant for your arrest. Failure to appear is treated seriously, even if the underlying charge is minor.

Will I Have More Than One Arraignment in My Case?

Only if the charge is a felony or gross misdemeanor. Those cases involve an initial appearance first, followed by a separate arraignment in district court after the preliminary hearing or indictment.

Can I Plead Guilty at Arraignment?

It's legally possible, but it's rarely advisable. Pleading not guilty at this stage preserves the ability to negotiate, investigate the evidence, or challenge the charges before deciding how to proceed.

About the Author

Ross Goodman is Founder of Goodman Law Group. He is one of only two attorneys in Nevada dual-certified by the State Bar of Nevada as a Certified Specialist in Criminal Trial Advocacy and by the National Board of Trial Advocacy as a Board-Certified Criminal Trial Law Specialist. A lifelong Las Vegas resident and retired U.S. Marine Corps Major, Ross has represented clients at every stage of the Nevada criminal court process for nearly three decades.

If you have an upcoming arraignment or want to understand what's ahead in your case, call (702) 825-7854 or contact us online. We're available 24/7 to talk through your options.