Facing a criminal charge in Tennessee? One of your first steps through the legal system will likely be an arraignment—a brief but important court appearance where the judge informs you of the charges filed against you.
But many people wonder: Can I be taken to jail at my arraignment, even if I’m already out on bond?
While not common for low-level offenses, certain circumstances such as outstanding warrants, a judge’s bond decision, or new violations could lead to immediate detention. This is why having a skilled defense attorney early in your case can make all the difference in protecting your freedom.
Whether you’re facing misdemeanor or felony charges, it is important to understand what happens during an arraignment in Tennessee. In this guide, we will detail what exactly an arraignment is, the possibility of going to jail at an arraignment, and how a criminal defense attorney can help you navigate your first court date.
What Is an Arraignment in Tennessee?
An arraignment is typically the first formal court appearance after a person has been charged with a crime in Tennessee. Its primary purpose is to ensure the defendant understands the charges against them and to begin the court process officially.
During the arraignment, several key things usually happen:
- The judge formally reads the charges or provides a copy of the charging documents.
- The defendant is asked to enter a plea—usually not guilty at this stage.
- The court may review bail or bond conditions, especially if the defendant was previously released.
- A future court date is scheduled, such as a preliminary hearing or trial setting.
In misdemeanor cases—such as DUI 1st offense, simple possession, and shoplifting—the arraignment often occurs shortly after an arrest or citation. In felony cases—especially when there’s been a grand jury indictment—the arraignment might happen weeks later, but the stakes are usually much higher.
Arraignments are typically quick, procedural hearings, but what happens during those few minutes can significantly affect the outcome of your case. Especially in more serious cases, a judge may address bond, release conditions, or even order immediate custody based on new information or prior violations.
Is Jail Possible at an Arraignment?
The short answer is yes—a person can be taken into custody at an arraignment, but it’s not automatic and depends on several case-specific factors.
For many first-time offenders or those charged with low-level misdemeanors, it’s common to be released on bond or even receive a citation to appear without being booked into jail. However, there are circumstances where a judge may order immediate detention during or after the arraignment. These include:
- Outstanding warrants: If there’s an active warrant for your arrest in another county or state, or for failing to appear in a previous case, the judge may take you into custody on the spot.
- Bond revocation or denial: If you were out on bond and violated the conditions—such as missing court, testing positive for drugs, or getting re-arrested—the court may revoke your bond and remand you to jail.
- New or additional charges: If new information surfaces—like upgraded charges or additional criminal counts—you could be taken into custody while the court reconsiders bail.
- Probation or parole violations: If you’re already under supervision, your arraignment could trigger a violation hold, which might result in immediate incarceration.
- Flight risk or danger to the community: In more serious felony cases, the court may determine that releasing you would pose a risk to public safety or increase the chance of you fleeing before trial.
Judges in Tennessee—especially in counties like Knox, Blount, and Sevier—have wide discretion in these situations. While jail isn’t a guaranteed outcome at an arraignment, walking into court without legal representation greatly increases the risk of being taken into custody unexpectedly.
Bail and Bond Considerations in Tennessee Arraignments
One of the most important aspects of an arraignment—especially when it comes to the risk of going to jail—is the judge’s decision regarding bail or bond.
In Tennessee, bond is set to ensure that the defendant appears at future court dates. Depending on the severity of the charges, the person’s criminal history, and whether they’re considered a flight risk or a danger to the public, the judge has several options:
- Set a bond amount that the defendant must pay to be released.
- Modify an existing bond, which may mean increasing or decreasing the amount.
- Impose release conditions, such as no contact with the alleged victim, GPS monitoring, or mandatory drug testing.
- Deny bond entirely in rare but serious cases, such as when the defendant is accused of a violent felony or has a history of failing to appear.
If you’re already out on bond, your arraignment gives the judge an opportunity to review your compliance. Any violations—missed court dates, arrests while on release, or failed drug tests—can lead to bond revocation and immediate incarceration.
In many misdemeanor cases, especially first-time offenses, judges in Knox County and surrounding areas often allow defendants to remain free on recognizance or low bond amounts. But for felony cases or repeat offenses, the court may take a stricter approach.
Do You Need a Lawyer at the Arraignment?
When facing criminal charges in Tennessee, having a lawyer at your arraignment is one of the most important steps you can take to protect your future. It’s also the first opportunity for your defense attorney to advocate on your behalf. A skilled lawyer can:
- Argue for a lower bond or release on recognizance if you’re being held.
- Challenge any bond increase or revocation, especially if you’ve complied with prior conditions.
- Clarify miscommunications or errors that could otherwise result in jail time.
- File motions for bond condition modifications: Our attorneys routinely file motions to lift no contacts in domestic assault cases or to avoid the ignition interlock requirement on DUI Cases.
- Ensure your rights are protected during the early stages of the process.
If you appear in court without representation, you’re at the mercy of the court’s discretion—with no one to explain your situation, advocate for your release, or correct any misinformation in the record.
Our team of criminal defense attorneys in Knoxville regularly represent clients at arraignments across East Tennessee. We know what local judges expect, how to present strong arguments for bond, and how to minimize the risk of pretrial incarceration.
What To Expect At An Arraignment
If you’re preparing for an arraignment in Tennessee, it’s important to go in with clear, realistic expectations. While many arraignments are uneventful—particularly for non-violent or first-time offenses—there is always a chance the judge could order jail time, especially if certain red flags are present.
Here’s what you should expect walking into most Tennessee courts:
- You will not be asked to present evidence or argue your case. The arraignment is not a trial—it’s a formal reading of the charges and a chance for the court to address procedural matters like bail.
- The judge may review your criminal history and bond status. If you’re on bond or probation, this review could impact your release status.
- You may be taken into custody on the spot. This could happen if there are outstanding warrants, bond violations, or new charges filed against you.
- Courtroom procedures move quickly. Judges often have a packed docket and will make decisions in a matter of minutes. You won’t have time to “explain” yourself unless you have an attorney to speak on your behalf.
In short, even if you believe your charges are minor, it’s best to treat every arraignment seriously. An experienced defense lawyer can help you prepare in advance, ensure you’re dressed and positioned appropriately, and most importantly, fight to keep you out of jail.
Get A Defense Attorney For Your Arraignment
While not every arraignment leads to jail, it can be a possibility—particularly in felony cases, or when there are prior violations or outstanding issues. Understanding the risks and having the right legal representation can be the difference between walking out of court or being taken into custody.
At Barnes and Fersten, we understand the stress and uncertainty that comes with facing criminal charges in Tennessee. Our team is experienced in representing clients at arraignments in Knox County and across East Tennessee, and we work aggressively to protect your freedom from day one.
If you or a loved one has an upcoming arraignment, don’t face it alone. Call Barnes and Fersten today at 865-805-5703 or fill out our contact form for a free consultation. We’ll explain your options, answer your questions, and stand by your side when it matters most.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Loudon County, Roane County, Anderson County, Cumberland County, Hamblen County, Monroe County, and McMinn County.
