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What Happens at a Military Arraignment?

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Short answer: At a military arraignment, the judge confirms who you are and who represents you, the charges are read or the reading is waived, you are asked how you plead and which forum you want, and the court sets the schedule for motions and trial. Civilian military defense lawyer Alexandra González-Waddington of Gonzalez & Waddington explains that it usually takes about fifteen minutes, but it starts important clocks and deadlines in your case.

In this video, Alexandra González-Waddington walks through each step of a court-martial arraignment and explains how to carry yourself in the courtroom.

What is a military arraignment?

Under Rule for Courts-Martial 904, arraignment is the formal reading of the charges in open court and the call for your plea. It happens after the charges are referred to a court-martial and served on you.

There is a mandatory waiting period after service of the charges: five days for a general court-martial and three days for a special court-martial. Arraignment is held in the courtroom, on the record, with the military judge, the trial counsel, your defense team, and a court reporter. No panel members are present yet.

What happens step by step at a court-martial arraignment?

  1. The judge opens the session. Arraignment takes place at an Article 39(a) session, which is a hearing without members. The judge states the case, confirms the parties, and confirms you were served with the charges.
  2. Your rights to counsel. The judge advises you of your right to detailed military counsel, to military counsel of your choice if reasonably available, and to civilian counsel at your own expense, and asks who represents you.
  3. The judge’s qualifications. The judge states their qualifications, and your lawyer can ask questions or challenge the judge for cause if there is a conflict. This is rare.
  4. The charges. The trial counsel can read the charges and specifications aloud, but your lawyer almost always waives the reading because you have already seen the charge sheet.
  5. Your plea. In nearly every case, your lawyer tells the judge you reserve pleas, which means you will enter them later. If a plea agreement is already signed, you may plead guilty and move to the providence inquiry, but that is the exception.
  6. Forum. The judge asks whether you want trial by military judge alone or by members, and, if you are enlisted, whether you want enlisted members. You can often defer this choice until motions are decided.
  7. Motions and scheduling. The judge sets deadlines for motions, dates for the motions hearing, and a trial date. This is the calendar for the next several months of your life.

Do I enter a plea at my arraignment?

Usually not. Most defense lawyers reserve pleas at arraignment so the defense can review discovery, file motions, and decide strategy first.

If you have already signed a plea agreement, you may plead guilty at arraignment. The judge will then question you closely, in the providence inquiry, to make sure your plea is knowing and voluntary.

Why does arraignment matter for my case?

Arraignment stops the 120-day speedy-trial clock under Rule for Courts-Martial 707. That makes the timing of arraignment important if your case has been delayed.

Under Rule for Courts-Martial 905, certain motions must be raised before you enter pleas or they may be waived. These include objections to defects in the charges or referral and motions to suppress evidence. Your lawyer must be ready before the plea is called.

How should I act at my arraignment?

The judge is forming a first impression of you and your defense team. Wear the right uniform, arrive early, stand when addressed, and say “Yes, Your Honor” unless your lawyer tells you otherwise.

Do not talk about the case. Do not explain, apologize, or comment. Everything said in court is on the record, so let your lawyer do the speaking.

What to do right now

  1. Get a copy of your charge sheet and read every specification carefully.
  2. Meet with your lawyer the day before arraignment and walk through the hearing word for word.
  3. Decide with your lawyer who will represent you and make sure every attorney is ready to appear.
  4. Ask your lawyer which motions must be filed before pleas so nothing is waived.
  5. Confirm the uniform, the time, and the courtroom location in writing.
  6. Prepare your family for the schedule the judge is likely to set.

Key takeaways

  • A military arraignment under Rule for Courts-Martial 904 is the formal reading of the charges and the call for your plea.
  • Most accused service members reserve pleas and defer the forum choice at arraignment.
  • Arraignment stops the 120-day speedy-trial clock under Rule for Courts-Martial 707.
  • Some motions must be raised before pleas are entered, or they may be waived.
  • You should say as little as possible and let your lawyer speak for you.

Frequently asked questions

How long does a military arraignment take?

Usually about fifteen minutes. The hearing is short, but the schedule set at arraignment controls the next several months of your case.

Do I have to decide between judge alone and members at arraignment?

Not always. The judge will ask about forum, but you can often defer the decision until after motions are resolved. Talk through the choice with your lawyer first.

Can my civilian lawyer appear at my arraignment?

Yes. You have the right to civilian counsel at your own expense, and the judge will ask on the record who represents you. Your civilian lawyer can work alongside your detailed military counsel.

Will panel members be at my arraignment?

No. Arraignment takes place at an Article 39(a) session without members. The members are selected and seated later, at trial.

Video transcript

Read the full transcript of this video

What happens at a military arraignment? The judge confirms who you are, reads or waives reading the charges, asks how you plead and which forum you want, and sets the schedule. It takes about 15 minutes, and it’s the first time you stand in front of the judge who will decide your case. I’m Alexandra González-Waddington, civilian military defense lawyer and co-founder of Gonzalez & Waddington. Clients worry about arraignment far more than it deserves and prepare for it far less than they should. Here’s what to expect.

First, what it is. Under Rule for Courts-Martial 904, arraignment is the formal reading of the charges to you in open court and the call for your plea. It happens after referral, after service of the charge sheet, and after the statutory waiting period. Five days for a general court-martial, three for a special. It’s held in the courtroom, on the record, with the military judge presiding, the trial counsel, your defense team, and a court reporter. No members yet.

Here’s the sequence.

One, the judge opens the session under Article 39(a), which is a session without members. The judge states the case, confirms the parties, and confirms that you’ve been served with the charges.

Two, counsel rights. The judge advises you of your right to be represented by detailed military counsel, by military counsel of your own selection if reasonably available, and by civilian counsel at your own expense. The judge asks who represents you. This is on the record.

Three, the judge’s qualifications and any challenge. The judge states their qualifications and your lawyer can ask questions or challenge the judge for cause if there’s a conflict. Rare, but it happens.

Four, the reading of the charges. The trial counsel reads the charges and specifications, or almost always, your lawyer waives the reading. You’ve seen the charge sheet. Nobody needs to hear it aloud.

Five, the plea. The judge asks how you plead. In nearly every case, your lawyer says you reserve pleas, meaning you’ll enter them later. If a plea agreement is already signed, you may plead guilty here and proceed to the providence inquiry, but that’s the exception.

Six, forum. The judge asks whether you elect trial by judge alone or by members, and if enlisted, whether you request enlisted members. You can also defer this decision, and often should, until motions are resolved.

Seven, motions and scheduling. The judge asks whether there are motions, sets deadlines for filing them, sets dates for the Article 39(a) motions hearing, and sets a trial date. This is the part that actually matters, because it’s the calendar for the next several months.

Here’s why arraignment matters more than it looks. Under Rule 707, arraignment stops the 120-day speedy trial clock. Under Rule 905, certain motions, on defects in the charges, on jurisdiction, on speedy trial, must be raised before the plea is entered, or they’re waived. And the judge is forming a first impression of you and your team. Be in the right uniform. Be on time. Stand when addressed. Say, “Yes, your honor.” And nothing else unless your lawyer tells you to.

What you don’t do? Talk. You don’t explain, apologize, or comment. Everything you say is on the record. Your lawyer speaks. You stand there and look like a soldier.

At Gonzalez & Waddington, we walk every client through arraignment the day before, word for word, so there are no surprises and no mistakes.

So, what happens at a military arraignment? Rights, charges, plea reserved, forum, and a schedule. 15 minutes that start the clock on your trial. I’m Alexandra González-Waddington with Gonzalez & Waddington. We defend service members worldwide. You can learn more at ucmjdefense.com or call 1-800-921-8607 for a free confidential consultation.

Talk to a military defense lawyer

Gonzalez & Waddington defends service members worldwide in investigations, courts-martial, administrative separation boards, and other UCMJ matters. Michael Waddington, a former Army JAG officer, has been a lawyer for over 25 years. Call 1-800-921-8607 or visit ucmjdefense.com for a confidential consultation.

This article is general information, not legal advice. Every case is different, and reading it does not create an attorney-client relationship.

What Happens at a Military Arraignment?

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