Arraignment: Meaning, Stages and Cases

What is Arraignment?

An arraignment is a judicial process in which the defendant is charged and required to enter a plea before a court of law. The word “arraignment” originates from the French term “aresnier”, which signifies speaking or addressing with decency. It refers to the defendant’s plea of ‘guilty’ or ‘not guilty’. An arraignment is a judicial hearing during which the defendant is told the accusations in the indictment and asked to enter a plea. The arraignment takes place after the offender is arrested and official charges are filed. ‘Arraign’ also refers to summoning someone to court to respond to an accusation.

Key Takeaways

• An arraignment is generally a defendant’s initial court appearance before a judge and prosecutor.
• The primary goal of the arraignment is to inform the defendant of the criminal allegations leveled against him or her.
• During the initial court appearance, the defendant (or his or her counsel) enters a plea of “Guilty” or “Not Guilty.” To begin defending the case, the defendant often pleads “not guilty.”
• At the arraignment, the defendant’s counsel will be provided with the criminal complaint as well as the police report.

Stages of Court Proceedings in Arraignment

The following are the stages of court proceedings in Arraignment:

1. Charge Presentation: The defendant is formally informed of the criminal charges against them by the court.

2. Plea Entry: The defendant enters a plea, typically “guilty,” “not guilty,” or “no contest,” in response to the charges.

3. Bail Consideration: The court may consider setting bail for the defendant based on factors such as the severity of the charges and the defendant’s flight risk.

4. Appointment of Legal Representation: If the defendant doesn’t have legal representation, the court may appoint a defense attorney or provide information on obtaining counsel.

5. Scheduling of Further Proceedings: If the defendant pleads “not guilty,” the court may schedule further proceedings such as pretrial hearings or trial dates.

6. Rights Explanation: The defendant’s rights, including the right to remain silent and the right to a fair trial, are explained by the court.

7. Review of Legal Documents: The defendant or their attorney may review the charging document and any related legal documents.

8. Next Steps Clarification: The court clarifies what will happen next in the legal process and any deadlines or requirements the defendant needs to be aware of.

Arraignment in Context with Criminal Cases

1. Various Stages of Court: Criminal cases proceed in a varied sequence of stages. A criminal case begins with an indictment, which is a formal notification of charges. The defendant is then charged and detained.

2. Defendant is Notified About Charges: The defendant is taken before a court and notified of the charges, a process known as arraignment. Typically, the defendant attends the arraignment in person; however, if the punishment is a fine or imprisonment for less than a year, the defendant is not required to be present.

3. Held in Open Court: In the United States, the Federal Rules of Criminal Procedure require that an arraignment be held in open court when the defendant is given a copy of the indictment, reads it, and is asked to plead guilty or not guilty to the charges.

4. Defendant is Arrested: When a suspect is apprehended, he or she is often arraigned very soon. A defendant is normally held in jail for 48 to 72 hours before being arraigned; however, this might vary depending on state and federal courts. According to the Sixth Amendment of the United States Constitution, defendants are entitled to be “informed of the nature and cause of the accusation.” It is not, however, mandatory that the defendant be notified during the arraignment stage.

5. Request for Bail: The arraignment also gives the defendant the option to request bail. The court may permit the defendant to be freed on bail until the trial commences. Before granting bail, the court considers the defendant’s past, including their criminal record, to decide if they would constitute a major risk if freed. If the defendant is denied bail or is unable to post bail, they will remain in detention.

Conclusion

An ‘arraignment’ takes place in an open court in the United States. The defendant must appear in court before the judge and may seek bail in accordance with the law. Before rendering a verdict, the court will also consider the defendant’s history and background. If the defendant is denied bail, they will be held in jail until the matter is resolved.

Arraignment-FAQs

When can arraignment be scheduled?

If you’re formally charged with a crime, an arraignment will be arranged.

How do you utilize arraignment?

An arraignment consists of the accused being recognized and summoned to the bar. The charge is then read to the accused, who are asked to enter their plea. The accused is asked to enter a plea of either ‘guilty’ or ‘not guilty’.

Does bail get addressed during arraignment?

Bail is discussed during the arraignment. If the bond is set excessively high, a counsel may seek that it be decreased or that the defendant be released on his own recognizance (also known as “O.R.”) without posting bail if the defendant is in jail on the arraignment day.

Can I change my plea after the arraignment?

Yes, you may have the option to change your plea after the arraignment. However, this typically requires approval from the court and may involve additional legal procedures. It’s essential to consult with your attorney before making any changes to your plea.

Will my arraignment be recorded?

Yes, arraignment proceedings are usually recorded by the court for documentation purposes. The recording may be used as evidence in later stages of the legal process. It’s important to conduct yourself appropriately during the arraignment, as your words and actions may be recorded.

Reference:

• The Committee on the Judiciary, House of Representatives
• United States Congress
• Washington Post

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