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What is an Arraignment in a Criminal Case?
According to FindLaw, an arraignment marks the beginning of the criminal trial process, occurring soon after a defendant’s arrest and booking, often in conjunction with a bail hearing. It serves as the first court appearance for defendants summoned or cited without an arrest [1].
In felony cases, the arraignment may be postponed until after a grand jury indictment. While procedures vary by state, the core elements of an arraignment remain consistent.
A judge will read the charges against the defendant at this court appearance. If bail has not yet been set, it’s addressed at the arraignment court hearing. After the judge informs a defendant of their rights, the defendant or their lawyer will enter a plea to the charges – FindLaw
The Arraignment Process: Key Steps and Procedures
According to CDL, the procedures and specifics of arraignments differ by state, reflecting each state’s laws and constitution [2].
Advising the Defendant of Constitutional Rights
During an arraignment, courts must inform defendants of their constitutional rights, including the right to a trial, legal counsel, and protection against self-incrimination. Some states mandate that defendants have legal representation at this stage. If a defendant requests an attorney, the court must provide an opportunity to obtain or meet with appointed counsel before proceeding.
Informing the Defendant of the Charges
At the arraignment, the court must inform the defendant of the charges against him. In some states, the judge must read the criminal complaint, indictment, information, or another charging document to the defendant unless the defendant waives the reading. The defendant also is entitled to receive a copy of the charging document.
Entering a Plea
After being informed of the charges, the defendant is asked to enter a plea. Typically, defendants plead not guilty, especially if they have not yet consulted with an attorney. The court may grant additional time (a continuance) for the defendant to meet with counsel. Some defendants may plead guilty or no contest at this stage.
Not Guilty Plea
Defense attorneys generally advise defendants to plead not guilty at the arraignment. A not-guilty plea requires the prosecution to present evidence, which the defense can review and investigate. This plea allows the defendant to later change to a guilty plea if they choose.
Guilty Plea
For minor offenses, defendants might plead guilty at the arraignment, and the judge may issue a sentence immediately. In more serious cases, a guilty plea may lead to a sentencing hearing and a presentence report. Prosecutors and defense attorneys often negotiate the terms of the guilty plea.
No Contest Plea
In some states, defendants can plead no contest or nolo contendere. This plea means the defendant does not admit guilt but acknowledges sufficient evidence for a conviction. If accepted by the judge, the case proceeds as if the defendant pleaded guilty.
What Happens in a Felony Case After Arraignment?
According to OCC, after a felony arraignment, the process follows several key steps [3]:
- Post-Arraignment Custody Decisions
The defendant may be sent to jail if bail is not posted or released on recognizance (ROR).
2. Preliminary Hearing
If the defendant is jailed and not indicted by a grand jury within several days, they are entitled to a preliminary hearing. At this hearing, a judge evaluates whether there is sufficient evidence to charge the defendant with a felony.
3. Judge’s Determination
- Sufficient Evidence: If enough evidence exists, the defendant remains in custody pending grand jury action.
- Insufficient Evidence: If evidence is lacking, the case may be reduced to a misdemeanor or dismissed, though it can still be presented to a grand jury.
4. District Attorney’s Decision
If the District Attorney opts not to pursue felony charges, they will request the local criminal court to reduce the charges to non-felony offenses for prosecution.
5. Grand Jury Indictment
If the grand jury indicts the defendant, the case moves from the local criminal court to county court for further proceedings.
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References:
1. https://www.findlaw.com/criminal/criminal-procedure/arraignment.html
2. https://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-defense-case/criminal-arraignment
3. https://www.orangecountygov.com/Faq.aspx?QID=106