What Is an Arraignment?
An arraignment is the first time a criminal defendant will appear in court after their citation or arrest. During the arraignment, the defendant will receive formal notice of their charges and be able to enter a plea to each of the charges. In some states, the court will also decide if the defendant will be released until the trial or not. In some states, an arraignment is required for all cases where the defendant faces incarceration if they are convicted of the charges brought against them. In other states, arraignments only happen for felony cases.
When Does an Arraignment Happen?
The law does not set a time limit on when an arraignment must happen, but the Sixth Amendment of the Constitution provides defendants with a right to a speedy trial. Therefore, the arraignment must be set a reasonable time after the citation or arrest. If the arraignment is scheduled months or years after the arrest or citation, then the defense lawyer can ask for the case to be dismissed because it violates their clients right to a speedy trial. The judge will review the case and determine whether the delay to the arraignment was reasonable or not.
Can the Defendant Waive The Arraignment?
Yes, they can waive the arraignment if they wish. You should speak to your criminal defense lawyer if you wish to do so, as they will be able to help fill out the paperwork and discuss your wishes with the prosecutor. Your defense lawyer may still be able to negotiate conditions of release with the prosecutor and submit them to the court without needing an arraignment. In some states, the court may still schedule a hearing to negotiate conditions of pre-trial release.
What Happens At an Arraignment?
These are the steps that arraignments will usually follow. The process does vary between states, so ask your criminal defense attorney what happens in your state.
The court advises the defendant of their Constitutional rights
This does not happen in every state, but in some states, the court will advise the defendant of their Constitutional rights to:
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- Legal counsel
- A fair trial
- Rights against self-incrimination
Even though the arraignment is not a trial, important things like pleas and determining whether the defendant will be in prison until their trial are decided. Therefore, it is wise for the defendant to request legal representation at the arraignment. The defendant can hire their own legal counsel, or a public defender may be appointed if they cannot obtain legal representation.
The charges will be read
The court will read the charges made against the defendant, and the defendant may seek a copy of the charging document. This process will look different depending on the state. In some cases, the judge must read all the charging documents unless the defendant waives the reading of the charges.
Entering pleas for each charge
After the charges have been read, the defendant will be asked how they plead. The defendant has 3 choices when entering a plea:
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- Not guilty – When a defendant pleads not guilty, a trial date will be set, and the prosecutor must begin gathering evidence. This gives the defense team a chance to look through the evidence against the defendant and create their own case. In most scenarios, your defense lawyer will recommend pleading not guilty. The state will then have to build a case against you and prove beyond a reasonable doubt that you did commit the crime.
- Guilty – If a defendant pleads guilty, then one of two things may happen. For a serious crime, the judge may set a sentencing hearing so they can hear all the evidence before deciding on a sentence. For a minor crime, the sentence may be decided during the arraignment. The defense lawyer and prosecutor will negotiate a sentence, and the judge will take that into consideration. Sometimes the negotiation may happen in advance, and the prosecutor will offer a “plea deal” or reduced sentence in exchange for the defendant pleading guilty.
- No contest – A no-contest plea occurs when the defendant does not want to admit guilt, but they can see the evidence against them is overwhelming. The court will then either sentence the defendant during the arraignment or set a date for a sentencing hearing.
- Not guilty – When a defendant pleads not guilty, a trial date will be set, and the prosecutor must begin gathering evidence. This gives the defense team a chance to look through the evidence against the defendant and create their own case. In most scenarios, your defense lawyer will recommend pleading not guilty. The state will then have to build a case against you and prove beyond a reasonable doubt that you did commit the crime.
Negotiating the conditions of a pre-trial release
If the case will go to trial, then some states will negotiate conditions of the defendant’s release until the trial. The court will consider the following factors when deciding if the defendant should be released:
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- The criminal record of the defendant
- If the defendant is a danger to society or themselves
- If the defendant has a job locally
- If the defendant has a history of not appearing for court
- If the defendant has community ties like family, friends, and how long they have lived in the community.
The court may impose the following conditions if they choose to release the defendant before trial:
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- Supervized release – This is a program similar to probation where the defendant will have to check in regularly and follow other conditions that their supervisor or the court imposes. A supervized release will have different conditions depending on the jurisdiction of your case.
- Bail or bond – The judge may require the defendant to post bail or bond with the court until their trial is complete. This gives the defendant a financial incentive to appear at trial. When setting the bail amount, the judge will take into account the defendant’s financial means and if they are a flight risk. If the defendant fails to appear at trial, then the bond will be forfeit. If they do appear at trial, then they will receive their bond back, minus any court fees. In some cases, the defendant can use the services of a bondsman who acts like a guarantor. The defendant will pay a non-refundable percentage of the bond that they will not get back, even if they appear in court. They may also have to provide collateral or a co-signor. If they do not appear at trial, then the bondsman will take possession of the collateral.
- Release on your own recognizance – The judge will only offer this if it is a minor criminal charge and they believe the defendant is not a flight risk and poses no risk to the community. For example, if you have a job and a local permanent address where you live with family. It is the defendant’s job to get themselves to trial and any other court proceedings they need to attend. Depending on the state or the circumstances of the case, the judge may set conditions for this.
- Other conditions – A judge has the discretion to set other conditions depending on the circumstances of the case and the defendant’s history. These may be things like sobriety and drug tests, no new arrests, no leaving the country or state, no possession of weapons etc. These may be added to probations, bail or bond releases, or even releases under own recognizance. If the defendant violates the conditions the court sets, then they may be held in jail until the trial.
- Supervized release – This is a program similar to probation where the defendant will have to check in regularly and follow other conditions that their supervisor or the court imposes. A supervized release will have different conditions depending on the jurisdiction of your case.