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An arraignment is a formal way of informing you of
the allegations against you. Arraignments typically
occur shortly after arrest in the court where the
indictment was filed. This is usually your first
appearance before the court.
Typical Proceedings
Here are what you can expect at an arraignment:
- You will be called before a judge
- The judge will read and physically deliver any
accusations to you
- The judge will advise you of your rights
- The judge will ask you how you plead (guilty,
not guilty, or no contest)
The arraignment cannot conclude until you enter a
plea. After the arraignment, two events may happen,
based upon the plea. If a guilty plea is entered, a
sentencing hearing is set, unless you allow the court
to sentence you immediately. If you enter a plea of
not guilty:
- Either the case may be referred to a grand jury,
who will hear the charges against you and decide
whether the case should proceed
- Or, a preliminary hearing will be set
If the person has been arraigned on an indictment
(by the grand jury) and pleads not guilty, the matter
is set for trial.
Constitutional & Other Rights
During the arraignment, the judge will read a host
of rights and privileges that you have the option of
asserting or waiving. Some of these are the right:
- To confront witnesses
- To avoid incriminating yourself
- To have a jury trial (when applicable)
- To counsel, whether by hiring an attorney or
having a public defender appointed
Attorneys are known as “counselors” because they
listen to problems and offer solutions or proposals.
They specialize in understanding complex legal
proceedings, and they can best explain the charges and
best course of action for your defense.
Continuances
If you do not have an attorney present and do not
understand what you are being charged with, you may
have the arraignment “continued” until after you
have spoken with a lawyer. Additionally, the judge may
ask you to “continue” the arraignment because of a
heavy docket.
Entering a Plea
Your plea at the arraignment drastically affects you.
A plea of "guilty" bypasses your
constitutional right to a jury trial (depending on the
crime) and your right to confront witnesses. The judge
will go directly to the sentencing phase and avoid the
potentially long process of a trial.
However, if your defense attorney and the
prosecutors have worked out a deal for you, then you
may avoid a lengthy trial but face the consequences of
the deal.
The most common plea at an arraignment is “not
guilty.” This plea, denying the charges, preserves
your constitutional rights and forces the prosecution
to prove the allegations against you.
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