Understanding the Arraignment Process in Indiana

Posted on September 13, 2025

When you’re facing criminal charges in Indiana, it’s essential that you understand the criminal procedures involved and your legal rights. One of the most important procedures is the arraignment, which is when you plead guilty or not guilty to the charges against you. An experienced Indiana defense attorney from The Criminal Defense Team can confidently represent you in these proceedings, protect your legal rights, and explain the steps ahead.  

Steps Involved in the Criminal Trial Process 

In Indiana, your criminal case may include the following steps before your trial:

Arraignment

The arraignment is your first formal appearance in court and occurs after the judge finds probable cause and you are charged with the crime. A magistrate judge presides over the case, who is not the same judge as the one who will ultimately hear your criminal case. During the initial appearance, the magistrate:

  • Informs you of the charges against you
  • Informs you of the maximum and minimum penalties for your charges
  • Asks if you understand the charges
  • Informs you of your rights, including to legal counsel
  • Has you complete a financial declaration, which the court uses to determine your eligibility for a public defender
  • Schedules a date for the government to provide discovery in your case

The judge automatically enters a plea of not guilty in your case. The judge may set another hearing, usually for a week later.

Appearance Hearing 

The appearance hearing is when you first appear with your lawyer. This hearing is held in front of a Superior Court Judge, who will ultimately hear your case. At this hearing, the judge sets a plea deadline, a record date, and a trial date, which are:

  • Plea deadline: This is the deadline by which the prosecutor and you agree on conditions of a plea agreement, if there is one. 
  • Record date: The record date is when the prosecution and defense inform the judge if a trial will be necessary. 
  • Trial date: The trial date is when the trial will begin.

At the initial appearance hearing, when the defendant first appears with his or her attorney, the judge will usually set a plea deadline, a record date and a trial date. The plea deadline is the date by which the prosecutor and defendant must agree on conditions of a plea agreement, if there will be one. The record ate is set approximately a week to three weeks before the trial date. This is the date on which the prosecution and the defense attorney will let the judge know if they will need to go to trial.

Preliminary Hearing

If you are charged by a complaint or information, you are also entitled to a preliminary hearing. A preliminary hearing helps determine if there is probable cause for the criminal case to continue. The magistrate judge listens to evidence the prosecution presents that they plan on presenting at trial, including physical evidence and witness testimony. The magistrate determines if there is sufficient evidence to continue the case. This procedure can be waived by the defendant. 

Pretrial Release

Pretrial release can be considered at your initial hearing, but the state or your attorney can ask for a 72-hour delay. 

Contact The Criminal Defense Team for Legal Assistance 

The Criminal Defense Team of Baldwin Perry & Wiley PC can assist you through all stages of the criminal proceedings. Call (317) 678-9853 for a free and confidential consultation.