Arraignment: Meaning, Common Charges, & Process

Arraignment is a pivotal moment within the criminal justice system, marking the formal initiation of criminal proceedings against an individual. During this proceeding, the defendant is informed of the charges against them and asked to plea in response.

This guide provides insight into understanding arraignment and the subsequent proceedings that follow.

What Is An Arraignment?

An arraignment is a legal proceeding where a defendant appears in court to be informed of the charges against them and enter a plea. It is the defendant’s first appearance in court following a criminal charge. The purpose of arraignment is to ensure that the defendant understands the accusations against them and to initiate legal proceedings in court.

During the arraignment, the charges are read aloud to the defendant, who is then asked to plead guilty, not guilty, or no contest. Furthermore, the defendant may argue for bail and request legal representation during this proceeding.

Common Charges That May Require Arraignment

In some U.S. states, arraignment is required for all felony or misdemeanor charges that might result in imprisonment. Other states require arraignment only for felony cases. The following are just a few common situations where a criminal defendant might be arraigned, depending on state law and the severity of the charges.

• DWI (Driving while intoxicated) charges: Also referred to as DUI (driving under the influence), these charges occur when a person operates a vehicle under the influence of alcohol or drugs.
• Property damage charges: Such charges are for intentionally or negligently causing harm or destruction to someone else’s property.
• Domestic violence charges: These charges stem from physical, emotional, or sexual abuse within a domestic or intimate relationship.

What Happens at an Arraignment?

An arraignment initiates legal proceedings against the defendant and sets the stage for the subsequent progression of the case through the criminal justice system:

The Defendant Is Advised of Their Constitutional Rights

During arraignment, the defendant is informed of their constitutional rights, including the right to remain silent, the right to an attorney, the right against self-incrimination, and the right to a fair trial. This ensures that the defendant understands their legal protections before proceeding through the criminal justice process.

The Defendant Is Advised of the Charges

At arraignment, the defendant is formally informed of the charges against them. This includes a detailed explanation of the accusations and specific laws alleged to have been violated. The defendant must understand the charges to make informed decisions regarding their case.

The Defendant Enters a Plea

After being informed of the charges, the judge will ask the defendant how they wish to plead to the charges. There are three options: not guilty, guilty, or no contest.

• Not Guilty Plea: A not-guilty plea merely means that the defendant denies the charges against them. When a defendant pleads not guilty, the judge will then decide on bail and any other conditions of release. The defendant can choose to change their plea from not guilty to guilty at a later stage.

  Typically, defense lawyers recommend that criminal defendants plead not guilty at their arraignment. It forces the prosecutor to gather evidence against the defendant, and it provides the defense with time to examine and investigate the case.

• Guilty Plea: At an arraignment, the defendant might choose to plead guilty to a minor offense, such as disorderly conduct. In such cases, the court may sentence the defendant during the arraignment. In some situations, the prosecutor and defense attorney might negotiate a guilty plea and agree on an appropriate sentence at the arraignment. However, for more serious cases, the court will schedule a separate hearing for sentencing and may request a presentence report.
• Plea of No Contest: In some states, defendants can opt for a plea of no contest. This plea means that the defendant neither admits nor denies guilt but acknowledges that the prosecutor has sufficient evidence to prove their case. If the judge accepts the plea, the case proceeds as if the defendant had pleaded guilty.

Conditions of Release Are Set

In some states, the court at arraignment will decide whether to release the defendant back into the community until the case is completed. If the court decides that the defendant is not a danger to the community, it has different options for conditioning release.

• Release on recognizance: When the court allows the defendant to be released without bail, it is known as release on recognizance. Typically, it is granted in minor criminal cases where the defendant has a permanent local address and employment..
• Release on bail or bond: If the court determines that there is a risk the defendant may leave the jurisdiction to avoid prosecution, it will require bail or bond and set an amount the defendant must post with the court before they can be released from custody. Bail money paid in cash is refunded when the case is completed.
• Other conditions of release: In addition to bail, the court may impose additional conditions for release, such as surrendering passports, attending counseling sessions, restrictions on travel, restrictions on drug or alcohol use, or prohibiting contact with witnesses and other individuals involved in the case. Failure to comply with these conditions may result in bail being revoked and the defendant being returned to custody.
• Supervised pretrial release: In some cases, defendants may be released under supervision, which can include periodic meetings with a pretrial services officer, electronic monitoring, or participation in rehabilitative programs.

What Happens After an Arraignment?

Each of the following steps represents a phase in the legal process after the arraignment:

• Plea negotiations: After the arraignment, the prosecution and defense may engage in plea negotiations. Typically, a plea deal involves the defendant agreeing to plead guilty or no contest to lesser charges or agreeing to accept a reduced sentence in exchange for avoiding a trial.
• Trial: If plea negotiations are unsuccessful, the case will proceed to trial. A criminal trial aims to ascertain the defendant’s innocence or guilt beyond a reasonable doubt. During the trial, evidence is presented, witnesses testify, and both the prosecution and defense present their arguments. Based on the evidence provided, the judge or jury decides whether the defendant is guilty or not guilty.
• Expungement: After the resolution of the case, whether through a plea agreement, trial, or dismissal, the defendant may be eligible to pursue expungement of their criminal record. Expungement involves sealing or erasing the record of a criminal case from the public. Eligibility for expungement greatly varies depending on state law, the seriousness of the crime, and how much time has passed since the conviction. More serious felonies typically are not eligible to be expunged.

Get Advice from a Criminal Defense Attorney

If you’re involved in a legal matter such as an arraignment, seeking legal counsel is crucial. An attorney who knows the ins and outs of arraignment can provide personalized guidance and representation throughout the legal process. Here’s why consulting an attorney is important:

• Understanding legal rights: An attorney ensures your legal rights are explained and protected during arraignment and subsequent proceedings.
• Navigating complex procedures: Legal procedures can be intricate and confusing. An attorney can assist you in navigating the arraignment process, explaining legal terminology and helping you make informed decisions.
• Strategic advice: Attorneys can assess the strengths and weaknesses of your case and provide strategic advice on plea negotiations, trial preparation, and potential outcomes.
• Effective representation: An experienced attorney can effectively represent your interests in court, presenting arguments on your behalf and advocating for the best possible outcome.