Criminal Defense Procedure: What Is An Arraignment?

 

The Arraignment is the defendant’s first appearance in court. If the case was initiated by a citation issued from a police officer (like in an excessive speed case, for example), the arraignment date appears at the bottom of the citation. If the case began with a summons and complaint, which may be mailed to or served on the defendant by the Sheriff or a licensed process server, the arraignment date will appear on the summons. If the defendant was arrested and released, the release orders will also list the next court date.

At the arraignment, the judge may read the charges and explain the defendant’s constitutional rights, and the defendant may receive other information regarding his or her case and the court process. There are no witnesses at an arraignment and no testimony or evidence is taken. The judge at the arraignment will not grant a defendant’s request to dismiss any charges. The accused is presumed to be innocent, and that presumption remains until the defendant is convicted at trial or admits their guilt. Besides being advised of his or her rights, about the only other event at arraignment is that the defendant enters a plea to the charges.

There are three possible pleas to a criminal charge: Not Guilty, Guilty, and No Contest. Read more about the various pleas here. A defendant’s decision on their plea is certainly one of the most important in their case, but in almost all cases, defendants cannot harm their case by entering a Not Guilty plea, and that is the plea that will be entered for a defendant if they cannot or will not make their choice.

The next court appearance after the arraignment is the pretrial conference.

One Comment on “Criminal Defense Procedure: What Is An Arraignment?”

  1. Pingback: Scottsdale City Court - Traffic Law Guys | Scottsdale AZ

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