What happens at a criminal arraignment in Maryland
You were arrested in Maryland. After being processed at the police station, you were released—or you are still in custody—and you have been given a date to appear in court. That first scheduled appearance is called an arraignment. It is the hearing where the judge formally tells you what you are charged with, you enter a plea, and the court sets the conditions for your release or continued detention. What happens at this hearing matters. It can affect your freedom while the case moves forward, the strength of your defense, and the overall direction of your case. If you are facing a criminal arraignment in Maryland, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to speak with Mr. Sris and his Of Counsel about your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Your First Appearance: The Maryland Arraignment Process
An arraignment in Maryland follows a two-step structure that many people find confusing. The first step usually occurs right after an arrest: you appear before a District Court commissioner. The commissioner is not a judge but a judicial officer who informs you of the charges, advises you of your right to a lawyer, and sets an initial bail amount. This initial appearance can happen at any time—day or night, even on weekends—because commissioners are available responsive. If you are held in custody, you are entitled to a bail review hearing before a District Court judge within 24 hours.
The formal arraignment happens later—typically in the District Court of Maryland for the county where you were arrested if the charge is a misdemeanor, or in the Circuit Court if the charge is a felony. At the arraignment hearing, the judge reads the charges aloud (or you may waive formal reading) and asks you to enter a plea. If you cannot afford a private attorney and qualify financially, the court may appoint the Public Defender at this stage. The judge may also reconsider bail conditions, hear arguments from both sides, and schedule the next court date—usually a pretrial conference or trial date. Mr. Sris and his Of Counsel appear at arraignments throughout Maryland, from Montgomery County to the Eastern Shore.
What to Expect at the Arraignment Hearing
Knowing the order of events can reduce the uncertainty that comes with being in court. When you arrive at the courthouse, a prosecutor will be present, typically from the State’s Attorney’s Office for the county where the offense allegedly occurred. The proceeding begins with the judge calling your case. The judge will confirm your identity, summarize the nature and classification of the charges, and explain the maximum penalty you could face if convicted. This penalty overview helps you understand the seriousness of the situation.
You will then be asked to enter a plea. The three standard pleas in Maryland are not guilty, guilty, and (with the court’s permission) nolo contendere, or no contest. A not-guilty plea means you are contesting the charges and gives you the right to a trial. If you plead guilty or no contest, the judge may proceed to sentencing immediately in some cases or defer it for a later hearing after a pre-sentence investigation. If you are not yet represented by an attorney, the judge will advise you of your right to counsel and, if you are indigent, appoint the Office of the Public Defender. The judge then addresses any unresolved bail or release issues—listening to arguments about the seriousness of the offense, your ties to the community, and any prior failures to appear—before setting the next court date.
Potential Outcomes and What the Judge Considers
The arraignment can end in a few different ways. If you plead not guilty, the judge will schedule a pretrial hearing or trial date. If you plead guilty or no contest, the judge may sentence you on the spot or order a presentence investigation and set a sentencing hearing. Bail and release conditions are also a central focus. A judge may release you on your own recognizance—meaning you promise to return for future court dates without posting money. The judge may also set a secured bail amount, require you to post a money bond or use a bail bondsman, or impose release conditions such as drug testing, electronic monitoring, or no-contact orders. In serious felony cases, the judge may order you held without bail.
The court’s decision about bail depends on the nature of the charge, your criminal history, your employment and community ties, and whether you are considered a flight risk or a danger to the public. Having an experienced criminal defense lawyer at the arraignment can make a significant difference because counsel can present arguments and evidence supporting a lower bail or release on recognizance. Mr. Sris and his Of Counsel regularly appear at arraignments in Maryland District and Circuit Courts and work to secure release conditions that keep their clients’ lives as stable as possible while the case is pending.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted to practice in Maryland, Virginia, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He maintains a hands‑on role in the firm’s complex criminal cases while collaborating with his Of Counsel team. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What is the difference between an initial appearance and an arraignment in Maryland?
The initial appearance before a District Court commissioner happens right after arrest and focuses on bail and rights advisement, while the arraignment is a later court hearing where you enter a plea. The commissioner sets an initial bail amount and tells you about your right to an attorney. The arraignment, held before a judge, is where you are formally notified of the charges and asked how you plead. Both steps are important, but the arraignment is the official start of the court process.
Do I need a lawyer at my arraignment?
You are not required to have an attorney present at your arraignment, but legal representation at this early stage can protect your rights and influence bail and release conditions. A lawyer can argue for lower bail, challenge the sufficiency of the charging document, and advise you on the trusted plea. If you cannot afford a private attorney, the court may appoint the Public Defender, but you should request counsel as soon as possible.
Can I get bail lowered at the arraignment?
The court can modify bail at the arraignment hearing, often based on arguments from your lawyer about your community ties, employment, and lack of prior failures to appear. If a commissioner set a high bail initially, the arraignment is an opportunity to present additional information and ask for release on recognizance or a lower secured bond. The prosecution may oppose the request, and the judge decides after hearing both sides.
What happens if I miss my arraignment in Maryland?
If you miss your arraignment, the court will typically issue a bench warrant for your arrest, and your bail may be revoked. A missed court date can also lead to additional charges for failure to appear. You should contact an attorney immediately if you miss a hearing; an attorney can often file a motion to recall the warrant and reschedule the arraignment. The law considers any missed court date a serious matter.
What plea should I enter at arraignment?
Most people plead not guilty at the arraignment, which preserves all defense options and gives your lawyer time to investigate, negotiate with the prosecutor, and prepare for trial. Pleading guilty or no contest can lead to immediate sentencing, so it is almost never advisable without first consulting an attorney. A not-guilty plea allows you to later change your plea if a favorable resolution is reached.
How long does a criminal case take in Maryland after arraignment?
The timeline after arraignment varies widely based on the jurisdiction, the complexity of the case, and the court’s calendar. A misdemeanor case in the District Court may resolve in a few months, while a felony case in the Circuit Court can take significantly longer. Your attorney can give you a clearer picture once they review the specific charges and discovery materials.
Will the arraignment be in District Court or Circuit Court?
The arraignment location depends on the severity of the charge: most misdemeanors are arraigned in the District Court of Maryland, while felony cases are arraigned in the Circuit Court for the county where the offense allegedly occurred. Some felony cases begin with an initial appearance in the District Court and then move to the Circuit Court for arraignment after an indictment or a preliminary hearing.
Can I speak to the judge at my arraignment?
You typically do not speak at the arraignment except to give brief answers—such as stating your plea or confirming your identity—when asked by the judge. Your attorney, if you have one, will address the court on your behalf. Judges advise defendants not to discuss the facts of the case at this stage because anything you say can be used against you later.
Do I have to pay a public defender fee in Maryland?
If you qualify financially and are determined to be indigent, the Public Defender will represent you without a fee, but the court may impose a modest contribution after the case if you are found able to pay. The eligibility determination considers your income, assets, and household size. You should request representation from the Office of the Public Defender as early as possible, even before the arraignment.
What should I bring to my arraignment?
Bring your summons or court notice, identification, and any paperwork from your arrest or release. Dress conservatively and arrive early to allow time for security screening. If you have hired a private attorney, they will instruct you on any additional items. Do not bring weapons, food, or large bags into the courthouse.
If you are facing a criminal arraignment in Maryland, the attorneys at Law Offices Of SRIS, P.C. can guide you through the process. Call (888) 437-7747 to request a consultation with Mr. Sris and his Of Counsel team.
Law Offices Of SRIS, P.C.
199 E. Montgomery Avenue, Suite 100, Room 211
Rockville, MD 20850
(888) 437-7747
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