An arraignment in Tennessee is the formal court stage where the criminal charge is addressed and the defendant enters a plea. It is generally not a trial, and the State ordinarily does not have to prove the case at arraignment.
In felony criminal court cases, arraignment commonly follows an indictment or presentment. Tennessee Rule of Criminal Procedure 10 governs arraignment and allows the defendant to waive arraignment in appropriate circumstances.
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
What Is the Purpose of an Arraignment?
Arraignment formally places the charge before the defendant and provides the opportunity to enter a plea. It also moves the case into the criminal court process where discovery, motions, negotiations, and trial preparation can follow.
The exact local procedure varies by court, but the hearing is usually much narrower than a trial or evidentiary hearing.
What Plea Is Entered?
A defendant can enter a plea permitted by Tennessee law. In a contested case, a not-guilty plea preserves the ability to challenge the State’s evidence and litigate defenses.
A plea at arraignment should not be confused with testifying about the underlying facts.
Do You Have to Explain What Happened?
Usually no. Arraignment is generally not the time to give the judge a detailed version of events. Statements about the facts can affect later litigation.
A defendant should understand the purpose of the hearing and consult counsel before making substantive statements.
Can You Waive Arraignment?
Tennessee procedure allows waiver of arraignment in appropriate circumstances. Whether that is advisable depends on the case and local practice.
A waiver does not waive the defendant’s defenses to the criminal charge.
Can Charges Be Dismissed at Arraignment?
A prosecutor can seek dismissal when appropriate, and certain legal defects can be raised through proper motions. But arraignment itself is generally not a hearing where the judge weighs the State’s evidence and decides whether the defendant is guilty.
Many dismissal and suppression issues require discovery, investigation, briefing, or an evidentiary hearing later in the case.
What Happens After Arraignment?
The case normally proceeds to additional court dates, discovery, negotiations, motions, and, if necessary, trial. Counsel can obtain reports, video, forensic material, witness information, and other evidence.
The period after arraignment is often when the defense develops suppression issues, factual defenses, mitigation, and negotiation strategy.
What About Bond Conditions?
Bond and release conditions remain important after arraignment. A defendant should continue complying with no-contact orders, GPS requirements, reporting requirements, travel restrictions, and other conditions unless the court changes them.
Violating bond conditions can create additional legal problems even while the original case remains pending.
Can the Judge Change Bond?
Bond issues can be raised through the procedures available in the particular case. Whether bond is increased, reduced, or modified depends on the circumstances and governing law.
A defendant should not assume arraignment automatically changes an existing bond.
Should You Have a Lawyer at Arraignment?
Counsel can review the indictment, advise about the plea, identify bond issues, preserve defenses, and begin preparing the case. Early representation can also help avoid unnecessary statements or missed procedural issues.
The arraignment may be brief, but decisions made at the beginning of a felony case can affect later strategy.
What Should You Bring to Arraignment?
Bring any paperwork the court or counsel requested and arrive early enough to locate the correct courtroom. If represented, follow counsel’s instructions about where and when to meet.
Do not bring prohibited items into the courthouse, and make arrangements for work, transportation, and childcare so that the court appearance is not missed.
Frequently Asked Questions
Is arraignment a trial?
No. Arraignment is generally a formal pleading stage, not the trial on guilt or innocence.
Will witnesses testify at arraignment?
Ordinarily the State does not present its full witness proof merely to arraign the defendant.
Can I plead not guilty?
Yes. A not-guilty plea is a normal plea in a contested criminal case.
Can I skip arraignment if I have a lawyer?
Do not assume that. Tennessee procedure permits waiver in appropriate circumstances, but you should follow the court’s and your lawyer’s instructions.
What comes next?
Usually discovery, additional court dates, negotiations, motions, and trial preparation if the case is not resolved.
Talk With a Nashville Criminal Defense Lawyer
The procedural stage matters in a Tennessee criminal case. The charging papers, court history, evidence, bond conditions, and available motions should be reviewed before deciding how to proceed.
Kevin Kennedy Law Firm represents people facing criminal charges in Nashville and Middle Tennessee.