Arraignment: What You Need to Know

Facing the court of law can be a complex process. If you have been arrested by a law enforcement officer, there is a high chance that you will be arraigned before a court and a judge. An arraignment is a court proceeding where a criminal defendant is read their charges and allowed to enter a plea which can be “Guilty” or “Not Guilty.” In many states across the US, the arraignment is where the decision as to whether the defendant will be released on bail or not is made. A criminal lawyer is often required to represent the defendant during this court proceeding. In some states, arraignments are held for both felony and misdemeanor cases, especially as both cases carry a possible incarceration sentence as punishment if convicted.

When does an Arraignment Occur?

According to the law, an arraignment is required to be scheduled within a reasonable time after an arrest has been made. Any unreasonable delay or delays are regarded as a violation of the defendant’s constitutional right. If the court fails to schedule the case for an arraignment or a criminal complaint, indictment, or information holds the arraignment from holding for months or years, the defendant’s attorney can legally file to have the case dismissed. Judges are required to carefully assimilate and review the reason for the delay to determine whether the defendant’s Sixth Amendment right has indeed been violated. The charges may be dismissed if the judge deems the arraignment delay to be unreasonable.

What Happens at Arraignments?

The Defendant is Advised of their Constitutional Rights

Some state laws require that the defendant be informed of their constitutional rights at the arraignment. Such rights include a right to trial, the right against self-incrimination, and the right to be duly represented by legal counsel. In some states, defendants to be arraigned on the same day are advised of their rights as a group before they are presented to the court.

Defendants facing criminal charges have the right to be represented in court by legal counsel. However, if such a defendant is deemed unable to afford an attorney, a public defender may be assigned to the case. If the defendant chooses to retain the services of a private attorney, the arraignment cannot hold until the attorney is present.

The Defendant is Advised of the Charges

Defendants sometimes are unaware of the extent of the charges against them. They get to find out during their arraignment. The entire charges leveled against the defendant, including the indictment and other information, will be read out to the defendant by the judge. However, the defendant may choose to waive the reading. Irrespective of whether the reading was waived or not, a copy of the charging document will be produced for the defendant.

Entering a Plea

Once the charges and other related information have been read out to the defendant, he or she will be required to enter a plea. The judge will ask how the defendant wishes to plead; the answer can be one of three; guilty, not guilty, and no contest.

Guilty Plea – A defendant can choose to plead guilty to the charges brought up against them. If the defendant pleads guilty to a minor misdemeanor charge, sentencing can be done at the arraignment. The defense counsel and the prosecuting counsel may also reach a plea deal agreement that allows the defendant to plead guilty to a lesser offense. However, if the case is a more serious one, the judge will set a sentencing hearing date and also request a presentence report.

Not Guilty Plea – Criminal defendants are usually advised to plead not guilty to the charges read against them. If a defendant pleads not guilty, the prosecuting counsel is required to gather evidence and articulate their stand to prove the defendant’s guilt. During this process, the defense attorney can access all evidence gathered and build a defense strategy aimed at attacking the evidence. When a defendant enters a not guilty plea, the defendant is essentially challenging the state to prove otherwise.

No Contest – If a defendant enters a no-contest plea, such a defendant agrees that there is incontrovertible and uncontested evidence to prove their guilt. In essence, the defendant is admitting to committing the crime without contest.

Conditions for Pretrial Release or Bail Release

In many states, the defendant’s bail application is read during the arraignment and decided by the judge. The judge may decide to release the defendant on bail or not based on several factors. The important factors include;

• Is the defendant regarded as a threat to themselves or the community?
• Does the defendant have a prior criminal record?
• Does the defendant have strong ties to the community?
• Is the defendant employed in the community, and for how many years?
• Is the defendant a flight risk, or do they have a history of failing to appear in court?

3 Important Things You Should Know About Arraignments

Timing

There is a legal time limit for arraignments. An arrested suspect must be arraigned in court in 10 days or less after arrest. An arraignment is expected to be held in 30 days or less for a defendant who isn’t in custody. There are, however, exceptions to the rule. Some of these include;

• When the defendant hasn’t yet been arrested or is being held in a different detention center
• When the defense counsel enters a not guilty plea
• The court allows a not guilty plea by mail from the defendant.

Attendance

For the arraignment, the defendant is required to appear in person or via video. Appearance cannot be waived unless written communication is sent to the court at least two days before the arraignment date. After a waiver has been filed, the defendant is offered a 20-day grace period to submit the notarized version of a statement indicating they were aware of the court date. Failure to appear in court on the next court date means forfeiture of a chance to direct appeal.

Proceedings

Usually, the appearance time doesn’t take long; however, the wait time may take up your time. The arraignment will involve principal items like;

• Advising defendant of their rights
• Appointing an attorney or public defender
• Ordering the defendant’s fingerprint
• Entering of defendant’s plea
• Deciding on the bail application
• Set a date for trial or pretrial conference

An arraignment is aimed at informing the defendant of the charges against them and their right to criminal defense. Learn more about the criminal defense process by visiting https://arizonacriminalattorney.co/mesa/

The Hogle Law Firm in Mesa
1013 S Stapley Dr.
Mesa AZ 85204
(480) 999-5334

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