If the suspect is arrested and charged with sexual assault, he/she will be arraigned the following business day in most cases. After being charged with a crime, the suspect is now referred to as the 'defendant'. At the arraignment hearing, the defendant will be made formally aware of the charges and be asked to enter a plea. Defendants plead not guilty at the arraignment in almost all cases. This is so the defendant has an opportunity to consult with an attorney before agreeing to plead guilty to criminal charges. The judge will set bail. If the defendant is unable to post bail, he/she will be held in custody while the case proceeds. Once the court has set a bail amount the defendant will not be released from custody at any time while the case is open unless bail is posted.

The judge will set conditions of release, determine if a No Contact Order will be issued, and set further court hearing dates. Victims have the right to address the judge at the arraignment hearing regarding the conditions of release, subject to the judge's discretion. The judge makes the final decision regarding conditions of release.