By Austin Nelson, Criminal Defense Attorney | Law Office of Austin Nelson, Marietta, Georgia
Welcome to the first post in a new series where I answer the questions I hear most often from people facing the criminal justice system for the very first time. No legal jargon. No judgment. Just clear answers.
We’re starting with a word that scares a lot of people the first time they hear it: arraignment.
If you have a court date coming up and that word is on your paperwork, you are probably nervous. That is normal. Most of my clients have never been in a courtroom in their lives. So let’s walk through it together.
What is an arraignment?
An arraignment is your first official court date after you’ve been formally charged with a crime. It is short, and it is simple. The court does two main things:
The judge tells you the exact charges against you. You tell the court how you want to plead.
That’s really it. An arraignment is not a trial. Nobody decides if you are guilty. No jury is there. No witnesses tell their side. You will not be asked to explain what happened. The whole thing is often over in just a few minutes.
How does an arraignment fit into the process?
A lot of people mix up the arraignment with other early court dates, so here is the order in plain terms.
After an arrest in Georgia, you usually see a judge within 48 to 72 hours for a first appearance. That early date is where the judge reviews your charges and sets your bond (the money or terms for getting out of jail). The arraignment comes later, after the State has officially filed your charges. The arraignment is where you enter your plea.
In Cobb County, your case may be heard in State Court or Superior Court, depending on what you are charged with.
What are my choices when I plead?
In Georgia, you have three options at an arraignment:
Not guilty. This means you are not admitting to the charge. You want to see the evidence and fight the case. Most people plead not guilty here. Guilty. This means you admit you did it. The judge may then move toward sentencing. Nolo contendere (no contest). This means you are not fighting the charge, but you are not fully admitting guilt either. This plea has special rules, and it is not always allowed.
Here is the most important thing to know: you do not have to take any deal at your arraignment. Pleading “not guilty” simply keeps your options open. It buys you time to talk to a lawyer and review the facts before you decide anything.
Why this date matters more than it looks
An arraignment feels small, but it starts an important clock. In Georgia, many key legal motions, like asking the court to throw out evidence, must be filed within 10 days after your arraignment. Miss that window, and you can lose the right to make those arguments at all.
That is why so many people choose to have a lawyer handle the arraignment. In many cases, your attorney can even appear for you or file your plea in writing, which is called “waiving arraignment.” You get your rights protected without the stress of standing up alone.
Where does the word “arraignment” come from?
The word may sound strange, but it has a long history. “Arraignment” goes back about 600 years to the Old French word araisnier, which meant “to call someone to account.” That word came from Latin roots that mean “to” and “reason” or “account.” So at its heart, an arraignment is simply the court asking you to answer for a charge.
The court date itself is even older. It comes from English common law, the legal system the United States inherited. For centuries, an accused person was brought “to the bar” to hear the charges and respond. Back then, a person who refused to answer could face harsh punishment. Today the rule protects you instead: if you choose to stay silent, the court simply enters a “not guilty” plea for you.
In fact, the right to be told the charges against you is now part of the U.S. Constitution. The Sixth Amendment promises that every accused person will be “informed of the nature and cause of the accusation.” That promise is exactly what an arraignment delivers.
The bottom line
An arraignment is the official start of your case, not the end of your story. It is your chance to say “not guilty” and give yourself room to fight. The biggest mistakes happen when people rush and plead guilty just to “get it over with.”
If you have a court date in Marietta, Cobb County, or anywhere nearby and you are not sure what to do next, reach out before that date, not after. The earlier we talk, the more options you have.
Law Office of Austin Nelson Criminal Defense | DUI Defense | Marietta, Georgia Phone: 404.904.6704 Email: austin@austinnelsonlaw.com Website: austinnelsonlaw.com
Free consultation. Evening and weekend calls returned.
Have an arraignment coming up? See the charges Austin defends in Cobb and Paulding counties, or request a free case evaluation.
This article is for general information only and does not constitute legal advice. Reading this post or contacting our office does not create an attorney-client relationship. If you have been charged with a crime, please speak with a licensed Georgia criminal defense attorney about the specific facts of your case.
