Houston · Harris County · Galveston · Fort Bend · Federal — Southern District of TexasHouston · Harris County · Galveston

Your bond paperwork lists a court date and the word "arraignment." Brian Foley explains what that proceeding is — and what it is not — in this video.

What the law says

Under Chapter 26 of the Texas Code of Criminal Procedure, an arraignment is held to fix the defendant's identity and to hear the plea. The charging instrument is read (or the reading is waived by the defense), and the defendant pleads guilty, not guilty, or no contest. In felony cases it follows the indictment; in misdemeanors it is typically the first setting after the information is filed.

What actually happens in Harris County

You appear in the assigned county criminal court at law or district court, usually with dozens of other defendants. If you have a lawyer, the lawyer checks in with the court coordinator, meets with the prosecutor, and enters a not-guilty plea on your behalf — often without you ever approaching the bench. The case is reset for four to eight weeks so discovery can be produced. Bond conditions may be reviewed. The entire process for your case may take a few minutes over the course of a morning.

What not to do

  • Do not talk to the prosecutor without a lawyer. They are not permitted to give you advice, and anything you say is evidence.
  • Do not plead guilty to "get it over with." No one — not the prosecutor, not you — has seen the video yet.
  • Do not miss it. A failure to appear forfeits your bond and results in a warrant.
  • Do not bring anything you would not want searched at the courthouse entrance.

What a lawyer does at arraignment

Enters the not-guilty plea; requests discovery; addresses bond conditions that are unworkable; notes the first plea offer without accepting it; and, in a DWI case, confirms the ALR hearing has already been requested. The arraignment is where the defense begins — not where it ends. Call or text (713) 703-1718 before your first setting.

Frequently Asked Questions


Do I have to plead guilty or not guilty at my arraignment?
You should plead not guilty. A not-guilty plea preserves every right and every defense; it can be changed later. Pleading guilty at arraignment gives up the right to see the evidence and is almost never in your interest.
Will my case be decided at the arraignment?
No. In Harris County the arraignment is a brief proceeding where the charge is read (or the reading is waived), a plea is entered, and the case is reset for a later date so discovery can be exchanged.
Do I need a lawyer at my arraignment?
Yes. Prosecutors make plea offers at the first setting, bond conditions are addressed, and deadlines are set. A lawyer protects you from pleading blind and begins the defense at the point where evidence is still available.

Speak With a Houston Criminal Defense Attorney Today


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(713) 703-1718