Arraignment is a court proceeding in which a defendant is formally charged with a crime and asked to enter a plea (guilt, not guilty or no contest). It typically occurs shortly after an arrest and serves to inform the defendant of the charges against them and their rights. During this process, the court may also address issues like bail and set future court dates.

Process of Arraignment

  • Initial Appearance: In many jurisdictions, the arraignment follows the initial appearance, where the defendant is informed of their rights.
  • Reading of Charges: The judge or court clerk reads the charges
  • Legal Representation: The defendant may have an attorney present. The court may appoint a public defender if the defendant can not afford to appoint one
  • Bail Considerations: The court may review bail conditions at this time, determining whether the defendant can he released before trial.

Timing

Arraignments will occur after an arrest, often within 48 hours, depending on the circumstances of the case.

Follow-Up

After the arraignment, if the plea is not guilty, the case will move forward to pre-trial motions, discovery, and potentially a trial.

Importance

Arraignment is a critical step in the criminal justice process, safeguarding the defendant’s rights and ensuring they understand the legal proceedings ahead.