English dictionary, thesaurus, translations & etymology
FreeDict.com

arraignment vs arrest

What's the difference between arraignment and arrest? Here's the clear answer, with examples of each.

Quick answer

An arrest happens first: it is when police take someone into custody on suspicion of a crime. An arraignment comes later: it is the court hearing where the defendant is formally told the charges and enters a plea. Picture the order as arrest, then arraignment.

The core difference

An arrest is being taken into custody; an arraignment is the court hearing afterwards where charges are read and a plea is entered.

  • arrest — to take someone into custody under legal authority, typically on suspicion of a crime: Police arrested the suspect outside his apartment.
  • arraignment — a court hearing where a defendant is formally told the charges against them and enters a plea: She pleaded not guilty at her arraignment.

How to tell them apart

A simple memory hook is sequence: arrest is what a police officer does on the street or at a scene, and arraignment is what a judge does later in a courtroom. If it involves handcuffs and custody, it is an arrest; if it involves a judge reading out charges and asking for a plea, it is an arraignment.

People sometimes confuse the two because both mark the formal start of a case in the public's mind. But only the arraignment produces a plea, such as guilty or not guilty, and only the arrest involves physically taking someone into custody.

Frequently asked questions

Does an arrest always lead to an arraignment?
If a case proceeds, an arraignment typically follows an arrest, though timing and procedure vary by case.
What happens at an arraignment?
The defendant is formally told the charges against them and enters a plea, such as guilty or not guilty.
Can arrest also mean something other than taking someone into custody?
Yes, arrest can also mean to stop or slow a process, as in doctors managing to arrest the spread of an infection.
Usage guides: FreeDict original editorial.