What Is An Arraignment?
An arraignment is the process by which the defendant is read specific
charges against him. It is the first step in the criminal process after arrest. It is
a brief hearing. All arraignments are conducted after the suspect is arrested
and booked by law enforcement. An arraignment takes place only after the
prosecuting attorney decides to file charges.

What Will Happen At The Arraignment And What Must The
Defendant Do?

At the arraignment the defendant will appear before a judge. The
defendant may appear alone, or he may bring legal counsel. An arraignment
is the time where the judge will ask if the person appearing is the person
identified in the charges. In addition, the judge will ask whether the
defendant will plead not guilty. It is highly unusual that a defendant would
enter a guilty plea at the arraignment. At an arraignment:

1.        The defendant usually will be provided with a written allegations  from
the prosecutor.

2.        The defendant will be asked to acknowledge his identity.

3.        The defendant may have private counsel present or the court may           
appoint one.

4.        The defendant may be told his possible punishment. The possible         
punishment is not a reflection on the case or the judges view of the  case or
the defendant.

5.        If charged with a misdemeanor, the defendant is required to reply to  
the written charges with a plea of either guilty, not guilty, or nolo  
contendere, (no contest). If charged with a felony, the defendant may  or
may not be required to reply with a plea at the initial arraignment.    

6.        In a misdemeanor case, the judge will set the defendant's tentative   
appearance schedule. In a felony case, the judge will set the  defendant's
tentative preliminary hearing.

7.        Bail is established. The defendant has a right to argue for a bail             
reduction.

8.        Discovery is usually presented to the defense attorney. Discovery  
usually consists of a police report and a complaint. This varies by  state.
Some states do not provide discovery until after the preliminary hearing or
indictment.

9.        If the defendant pleads guilty at the arraignment, the judge may                 
sentence the defendant at that time.

Back to the Criminal Case Process
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Arraignment
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