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Lawyer Directory. Call us at 1 Criminal Arraignment: What to Expect. The arraignment is often the first court appearance following an arrest or criminal citation. Here's what happens. When Does Arraignment Occur? What Happens at Arraignment? Advising the Defendant of Constitutional Rights In some states, courts are required to advise defendants of certain constitutional rights at arraignment, such as the right to trial, the right to counsel, and the right against self-incrimination.
Advising the Defendant of the Charges At arraignment, the court must inform the defendant of the charges against him. Entering a Plea Once the court has advised the defendant of the charges against him, the judge will ask how he pleads to those charges.
Not guilty. Defense attorneys usually recommend that criminal defendants plead not guilty at arraignment. If a defendant pleads not guilty, the prosecutor must gather the evidence against the defendant and then give the defense an opportunity to review the evidence, investigate the case, and determine whether the evidence proves that the defendant committed the crime. A not guilty plea means simply that the defendant is going to make the state prove the case against him.
If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conduct , the judge may sentence the defendant at arraignment. The interests at issue in an arraignment are the defendant's right to know of the charges against him or her and the defendant's right to have adequate information from which to prepare a defense.
The state also has an interest in having the defendant make a plea so it can prepare accordingly. Constitution guarantees that defendants shall "be informed of the nature and cause of the accusation against them. Although the Supreme Court has ruled that arraignments are a necessary pre-condition to trial under federal law, the Court has also ruled that failure to arraign a defendant is not a reversible error where the failure is inadvertent, the defendant knows that he is the accused, the defendant is apprised of the charged offense, the defendant is able to assist in preparing a defense, and the defendant is not otherwise prejudiced by the lack of an arraignment.
Thus the importance and necessity of being arraigned before trial varies from case to case and from jurisdiction to jurisdiction. The law governing arraignment procedures is spelled out by statutes and court rules at both the state and federal levels. The Federal Rules of Criminal Procedure provide that during the arraignment federal courts must read the indictment or information to the defendant or state the substance of the charge to the defendant and ask him or her to enter a plea thereto. FR Crim P, Rule The main purpose of the arraignment is to inform the defendant of the criminal charges against him or her.
At this first court appearance, the defendant or his or her attorney enters a plea of "Guilty" or "Not Guilty. At the arraignment the defendant's attorney will be given the criminal complaint with the police report. Award Recipient. Other Information. Criminal Defense Articles. Both groups of clients do not know what an arraignment is. The Point of This Article : An arraignment in a misdemeanor or felony case is not a final disposition of the case on its merits.
It is the start of the case, where defense counsel receives the police report and is notified of the charges, however it can be an important opportunity to discuss the case with the prosecution and decide what further action is required, i.
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