What is an Arraignment?
After someone has been arrested and charged, the court sets an arraignment date. Arraign is defined as to “call or bring (someone) before a court to answer a criminal charge.” But exactly what happens at an arraignment? Who is present, and what should you expect?
Don’t fret. This is not part where you will need to put forth a defense, there will be no trial, and you will not be called the stand. There are a few key things meant to be done at an arraignment. The first objective of an arraignment is to inform the defendant of exactly what they are being charged by the State or Federal government. This is done by reading either the indictment or a charging information. These are both just formal charging documents which describe the criminal charges against the defendant and the factual basis for those charges. The difference between the two are that an indictment requires a vote from a grand jury and an information does not. The judge will call the defendant up to a podium and formally read the indictment or information.
Present in the courtroom during an arraignment will be the defendant, the Judge, a judicial clerk, Bailiffs, and a prosecutor. If there is an alleged victim in the case, that victim will be noticed for the arraignment and may attend. By law, the alleged victim may also be given the opportunity to address the court during the arraignment. It is also possible that multiple court hearings could be scheduled on the same date and time as the arraignment, so there could be a gallery full of people in the courtroom during the brief public proceeding.
The second objective of the arraignment is to allow the defendant to make a plea of guilty, not guilty, or nolo contendere (fancy way of saying no contest). If one pleads not guilty at arraignment, they can change their plea later after assessing their situation. It is never advised to plead guilty at arraignment because you have likely not had an opportunity to review the prosecution’s evidence with an experienced criminal defense attorney. Once the defendant pleads not guilty, the case is usually set for a Pre-trial Conference. This gives the Judge the opportunity to check the status of evidence discovery and plea negotiations.
The third and final objective to an arraignment is to give the defendant an opportunity to seek public counsel. The presiding judge will ask the defendant if he/she has retained an attorney, and if not, the judge will ask the defendant if he/she will need a public defender. If the defendant cannot afford an attorney, the judge will appointment public defender. It is common for the judge to ask the defendant a few basic financial questions in order to determine if the defendant initially qualifies for a public defender. Additionally, the defendant will be required to complete a financial affidavit to prove their indigent status.
Arraignment is not trial, but rather a proceeding where: 1) The Judge reads the charging document to the defendant so that the defendant is put on notice of exactly what charges they are facing from the state, along with some determinative factual allegations; 2) The judge elicits a plea of guilty, not guilty, or no contest from the defendant, and 3) The Judge inquires as to whether the defendant has a criminal defense attorney or needs one appointed. If needed, the judge will appoint a public defender to represent the defendant.
If you retain the aggressive criminal defense attorneys at Hendry & Parker, P.A. – we work to file the proper motions to waive your appearance so that you do not have to appear at arraignment. This way, we can appear on your behalf, and you can avoid the stress of walking into a crowded courtroom and appearing before a judge. Call us today for a free case consultation serving Pinellas, Pasco & Hillsborough Counties.