An arraignment is the formal court proceeding at which a defendant charged with a crime is presented with the charging document — either an indictment or an accusation — and enters a plea of guilty or not guilty. In Georgia’s criminal courts, arraignment functions as the official starting point of the adversarial criminal case. Understanding what an arraignment is, what happens at one, what the legal consequences of missing it are, and why it matters despite its seemingly routine nature is important for any defendant navigating the Georgia criminal court system.

The Historical and Modern Function of Arraignment

Arraignment is one of the oldest procedural steps in the common law criminal process. Historically, it served the essential function of formally notifying the accused of the specific charges against them — at a time when written communication was limited and many defendants could not read. The court would read the indictment aloud in open court, ensuring the defendant knew what they were charged with before being required to enter a plea.

In the modern Georgia court system, arraignment retains its formal function but has lost much of its original urgency. Defendants are typically aware of the charges against them long before arraignment — they received notice at the time of arrest, at the first appearance hearing, and through counsel. Nevertheless, arraignment remains a required procedural step in both felony and misdemeanor cases, and it marks the formal beginning of the court case in the trial court with jurisdiction over the offense.

The Charging Documents: Indictment vs. Accusation

At arraignment, the defendant is presented with the charging document. In Georgia, there are two types:

An indictment is a formal charging document returned by a grand jury under O.C.G.A. § 17-7-70. Grand juries are convened in Superior Court and consist of 16 to 23 citizens who review evidence presented by the prosecutor in a closed proceeding. A grand jury must return a ‘true bill’ by a vote of at least 12 jurors for an indictment to be issued. Indictments are required for all felony offenses not waived by the defendant and are the only authorized charging mechanism for capital offenses. The grand jury’s role is limited to determining whether probable cause exists — it does not determine guilt.

An accusation is a charging document drawn up directly by the prosecuting attorney (the District Attorney or Solicitor General) without grand jury involvement. Accusations are used in State Court for misdemeanor offenses and in Superior Court for felonies where the defendant waives indictment under O.C.G.A. § 17-7-70.1. Unlike an indictment, an accusation is issued solely on the prosecutor’s determination of probable cause, without independent grand jury review.

What Happens at Arraignment

The arraignment proceeding itself is typically brief. The defendant appears before the court, the charging document is presented (and may be read aloud in full or by reference), and the court asks the defendant to enter a plea. In Georgia criminal cases, defendants have three options at arraignment: guilty, not guilty, or nolo contendere (no contest).

In virtually all contested cases — and in most cases where the defendant is represented by counsel — a not guilty plea is entered at arraignment. Entering a not guilty plea at arraignment does not mean the defendant maintains that plea throughout the case; it simply preserves all pre-trial rights, allows the case to proceed through discovery and motions practice, and gives defense counsel time to investigate the facts, evaluate the evidence, and negotiate with the prosecution before any final disposition is reached. A not guilty plea at arraignment is standard practice, not an assertion of factual innocence.

Following the entry of a not guilty plea, the court will typically schedule the case for a pre-trial conference, motions hearing, or trial date, depending on the court’s calendar and local practice. The arraignment is also often the occasion on which the court confirms the status of the defendant’s legal representation — whether private counsel has been retained or court-appointed counsel has been assigned.

The Critical Importance of Appearing for Arraignment

Failure to appear at arraignment has serious consequences. When a defendant who has been properly notified of an arraignment date does not appear, the court will issue a bench warrant for the defendant’s arrest under O.C.G.A. § 17-6-11. An active bench warrant authorizes any law enforcement officer who encounters the defendant — during a routine traffic stop, at a courthouse, or in any other context — to take the defendant into custody immediately.

Once a bench warrant has been issued for failure to appear at arraignment, it does not expire and is not automatically recalled. It remains active until either recalled by the court upon the defendant’s appearance (typically with counsel) or executed by law enforcement through the defendant’s arrest. The only effective defense to a failure-to-appear bench warrant is that the defendant lacked proper notice of the arraignment date.

The Notice Requirement: Five Business Days

Georgia law imposes a specific procedural requirement on courts regarding notice of arraignment. Under O.C.G.A. § 17-7-93, the clerk of court is required to mail notice of the arraignment date to the defendant’s address of record no later than five days before the arraignment. Critically, this five-day period is calculated using business days — weekends and legal holidays are excluded from the count.

If the clerk failed to mail notice within the required timeframe, or if the defendant did not receive notice for reasons outside their control — such as a change of address not yet reflected in the court’s records — the defendant has a legal basis to challenge the bench warrant. Defense counsel can file a motion to recall the bench warrant on the grounds of inadequate notice, present the court with evidence of the notice deficiency, and have the warrant lifted so that the defendant can appear voluntarily for a rescheduled arraignment.

Defendants who move, change addresses, or who have any reason to believe they may be missing court notices should proactively ensure that their current address is on file with the court and with counsel. A missed arraignment due to a failure to update an address — even if the notice requirement was technically satisfied by mailing to the old address — may not qualify for the inadequate-notice defense.

Arraignment in the Context of the Overall Case

While the arraignment itself is typically a brief procedural formality, its timing in the overall case matters. The arraignment date marks the beginning of the period within which certain procedural steps must occur — including the filing of pre-trial motions, the request for discovery under O.C.G.A. § 17-16-1 et seq., and the assertion of speedy trial rights under O.C.G.A. § 17-7-170. Defense counsel who is retained before or promptly after arraignment can ensure that all these procedural deadlines are identified and met.

In particular, demands for speedy trial under O.C.G.A. § 17-7-170 must be filed at or after arraignment and within two court terms following the term in which the indictment was returned. A timely speedy trial demand places significant pressure on the prosecution to bring the case to trial within a defined timeframe — failure to do so results in discharge and acquittal of the defendant. This is one of the most powerful procedural tools available in Georgia criminal defense, and it is activated only after arraignment.