Clavicular’s arraignment in Orleans, Oct. 22: what really happens
Spoiler: less mogging, more paperwork. I’ve stood through thousands of these. Here is the whole thing:
- He’s officially charged.
- His lawyer gets the police report (he already has it).
- A not guilty plea goes in.
- His lawyer files an appearance.
- Release terms, next court date. Done.
A few minutes, tops. The rest is news trucks getting a shot for the 6 and 11 o’clock news.
The case, in one box
Who: Braden Peters, 20, the streamer known as Clavicular.
Where: Orleans District Court, on Cape Cod.
Charges, as reported: rape, drugging a person for sex, and an alcohol charge. Charges were filed September 8.
His side: he denies it. His lawyer has said he is innocent.
Where it stands: accusations only. He is presumed innocent, like everyone charged with anything.
Why so little?
The news will treat Thursday like a showdown. It won’t be. In theory, the arraignment is when the defense first sees the police report. In practice, in a high-profile case, the lawyer was hired weeks ago and has read the report three times. The case will not end Thursday. Nobody will testify. Nobody will be found guilty of anything.
I started as a full-time public defender, then took court-appointed cases, and practiced criminal defense in Massachusetts for more than 20 years in more than 70 courts, including every District Court in the state. General information here, not legal advice.
Why Orleans won’t hold the trial
Orleans District Court can hold the arraignment. It can’t try the rape or drugging charges. For charges that serious, the next real step is a grand jury, a group of citizens who hear the prosecutor’s evidence in private. If they indict, the case moves to Superior Court in Barnstable, and there is a second arraignment. Same walk past the cameras. New courthouse.
Why you probably won’t see the police report
In some cases the police report becomes the story the same day. On October 19, 2026, I sat in on the arraignment of a Massachusetts lieutenant governor candidate, got the report that morning, and broke the case down live.
Don’t expect that here. This is a sex case. In Massachusetts, the alleged victim’s name in those reports is confidential by law, so the reports tend to be blacked out or kept out of the public file. The cameras will get their shot. The public will get very little else.
The arraignment maxxing routine
Every client I ever had got the same routine. It works at every courthouse in the state.
- Show up early. The security line is the hardest part of the day.
- Dress like you’re going to a funeral for someone you liked.
- Say nothing. Not to the judge, not to the cameras, not to the guy next to you on the bench. Your lawyer talks. You are furniture.
- Don’t expect cameras. News cameras only show up for high-profile cases. If you are a regular person charged with a crime, it is incredibly rare to have news cameras anywhere near you.
- Go home and stay off the internet. Especially your own.
Do all five and you have maxed out the arraignment. There is nothing else to win that day.
Arraignments in general: the short version
In a serious case, here is everything that happens:
- The person is officially charged with a crime.
- The defense gets the police report.
- A plea goes in. It is almost always not guilty.
- The lawyer files an appearance, which is a form that says “I’m the lawyer.”
- The judge sets release terms, and everyone picks the next court date.
That’s it. Cases almost never end at arraignment in Massachusetts. Once in a while a minor charge gets worked out on the spot. A serious one? Not a chance.
Nobody testifies. Nobody is found guilty. Nobody gives a big speech. If somebody does give a big speech, their lawyer is having a very bad day.
In theory vs. in practice
In theory, the arraignment is where the defense finds out what this is all about. You hear the charges, you get a lawyer, and in District Court you usually get the police report.
In practice, in a high-profile case, none of that is news to anybody. The person hired a lawyer weeks ago. The lawyer already has the police report, has read it three times, and has circled the typos. The arraignment is mostly paperwork catching up with what everyone already knows.
| What the news calls it | What is actually happening |
|---|---|
| “A dramatic day in court” | A clerk reads a docket number. |
| “Faces the judge” | Stands next to a lawyer and says nothing. On purpose. |
| “Pleads not guilty” | In District Court the not guilty plea goes in automatically. Nobody even has to say it. |
| “Live from the courthouse” | A reporter standing outside, because you usually can’t film inside and the inside is boring anyway. |
| “New details emerge” | Somebody read the same police report out loud. |
So why all the news trucks?
First, a reality check: most arraignments look nothing like this one. The vast majority of cases in Massachusetts are not high profile, and the vast majority of the time there is no camera at all. Just a clerk, a judge, a lawyer, and a long list of names. The trucks only come out for the famous ones.
Because it is the first time the person has to show up at a set place, at a set time, in public. It is a photo op that nobody scheduled as a photo op.
The satellite trucks park out front. The camera guys pick their spots by the doors. The footage runs at six, runs again at eleven, and then lives forever on the station’s website, usually under a headline with the word “faces” in it.
A field guide for viewers at home: the person walking fastest is the one charged. The person in the nicer coat saying “no comment” is the lawyer. The person walking backwards is the camera guy, and he is better at it than you would be.
Step by step, what happens in the room
1. The case is called
The clerk calls the name and the docket number. The person charged stands up front with the lawyer. If the person is in custody, they may come in from a holding area or appear by video. A busy courtroom can call dozens of cases in one morning, and the famous one is rarely first.
2. A lawyer
Anyone charged with a crime that could mean jail has the right to a lawyer. If they cannot afford one, the judge can appoint one: a public defender or a private “bar advocate” paid by the state.
3. The charges
In District Court the charging paper is called a complaint. In Superior Court it is an indictment. Either way, the charges are accusations. They are not proof.
4. The plea
In District Court a plea of not guilty goes in automatically. In Superior Court the person is usually asked, and says “not guilty.” Two words. That is the whole speech.
5. Release, bail, or being held
This is the only part with real stakes, and it is the part the cameras can’t see.
- Personal recognizance. The person promises to come back and goes home. This is the most common result. It is the legal version of “I’ll be there, I promise.”
- Cash bail. The prosecutor can ask for it. In Massachusetts the judge has to consider what the person can actually afford.
- Conditions. Stay away from a person or place, no contact, GPS bracelet, check in with probation.
- A dangerousness hearing. For certain serious charges, the prosecutor can ask to hold the person without bail. This is called a 58A hearing (named for the law). It can happen right away. The prosecutor can ask for up to three business days to get ready, and the defense up to seven. The person is usually held until the hearing.
6. The next date
The court sets the next step, usually a pretrial conference a few weeks out. That is where the real work starts. No trucks show up for that one.
Side project: I’m raising money for a custom Clavicular rubber puppet. A vital public service. Fund the puppet →
Why some cases get two arraignments
Many serious cases start in District Court. But District Court can’t hold the trial on the most serious felonies.
Those cases go to a grand jury: a group of citizens who hear the prosecutor’s evidence in private and vote on whether there is enough to charge. If they vote yes, that is an indictment. The case moves to Superior Court, and the person is arraigned again there.
So yes, there is a sequel. Same walk up the steps. Same camera guys. Sometimes a different courthouse. The footage is almost identical, but the station will still call it “new.”
What an arraignment is not
- It is not a trial. No witnesses tell their side.
- Nobody is found guilty or not guilty.
- It is not a sign of how strong the case is. Every case gets one.
- Everyone charged is presumed innocent.
Want to go watch one?
Arraignments are public. Anyone can sit in.
- Get there early. The security line can be long, especially when the trucks are out front.
- Phones off. Recording or photos need the judge’s permission.
- No talking while court is in session.
- Bring something to read. The case you came for is never called first. That isn’t a rule. It is just how the universe works.
Facing an arraignment yourself?
Talk to a Massachusetts criminal defense lawyer before your court date. If you can’t afford one, tell the court at arraignment and ask for one. I no longer practice criminal defense, so I can’t take your case.
Related: clerk-magistrate hearings, the step that comes before many smaller cases, and my courthouse notes.
Sources
- Mass. Rule of Criminal Procedure 7: Arraignment
- District/Municipal Courts Rule 3: Arraignment
- G.L. c. 276, s. 58: Bail
- G.L. c. 276, s. 58A: Dangerousness hearings
- Trial Court guideline on dangerousness hearings
- Philadelphia Inquirer: Clavicular charged
- IBTimes: the drugging charge and why Orleans can’t hold the trial
- WHDH 7News: arraignment in Orleans
- G.L. c. 265, s. 24C: victim name confidentiality
Case details come from the news reports above. Everyone charged is presumed innocent. General information only, written October 2026. Not legal advice. Rules change; check the current rules or ask a lawyer.
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