- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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This article will focus on arraignment rules and general practices in state courts. Each state has its own laws governing its criminal procedure and arraignment process but do not significantly differ from other states. Federal arraignment is governed by Rule 10 of the Federal Rules of Criminal Procedure.
Purpose of Arraignment
The historical purpose of the arraignment is to ensure, at the earliest point possible in the criminal process, that the defendant is advised of the nature of the government’s charges against them, both factually and on the basis of which specific statute the state is claiming they violated.
Time to consult with counsel and prepare a defense
The arraignment ensures the defendant has time to consult counsel and prepare a defense. The arraignment also provides that the defendant cannot be held indefinitely without being adequately informed of the charges and their constitutional right to seek release from custody.
State Court Arraignment Process
What happens at an arraignment?
In most state jurisdictions, the arraignment is the initial appearance the defendant will encounter, whether the defendant is in or out of custody.
At the arraignment, your attorney will usually receive the police reports on your case and any additional evidence the prosecutor has in their possession.
Difference Between Felony and Misdemeanor Arraignment
In most state jurisdictions, a significant distinction between a felony and a misdemeanor arraignment is:
- In felony cases, the defendant must appear personally.
- In misdemeanor cases, the attorney can appear on the defendant’s behalf without the client being personally present.
Federal Arraignment
Federal Rule 10 Generally Provides
The defendant need not be present for the arraignment if the defendant has been formally charged and the defendant, in a written waiver signed by both the defendant and defense counsel and approved by the court, authorizing defense counsel to appear on the defendant’s behalf and that the plea is one of not guilty.
State Arraignments
Reading of the formal complaint
Your criminal defense lawyer will also receive a formal complaint that states the charges filed against you. It is important to note that the charges may differ from those for which you were arrested.
While the police can arrest you for one pair of criminal charges, the prosecutor’s office may disagree and file a completely different set of criminal charges if they believe the legal and factual issues require it.
Entering Plea To The Criminal Charges
After the charges are read to you in open court, unless the defense counsel has waived the reading of the complaint, the court will first ask you if you understand the charges brought against you, to which you will answer in the affirmative.
The court will then ask for your plea: Not Guilty, No-Contest, or Guilty. Your lawyer will have spoken to you about your plea before the arraignment, so there are no surprises.
No Contest Plea Treated As Not Guilty Plea
Almost all pleas at the arraignment are not guilty pleas. No-contest pleas are considered not guilty and treated as such by the court.
A no-contest plea is essentially an acknowledgment of the fact that the defendant has nothing affirmatively to prove and that the burden of proving every required element of the defendant’s guilt rests entirely with the state prosecutor.
In this regard, if the defendant chooses, the defendant does not even have a legal obligation to testify at trial, leaving the entire burden of proof on the prosecutor.
The guilty plea is rarely taken at arraignment unless your lawyer has already negotiated a very favorable plea bargain for you, the terms of which you have already entirely accepted.
Finally, you should never enter a guilty plea without first fully consulting with a criminal defense lawyer.
If this is your first request for a continuance, the court will almost always accommodate your request.
After the arraignment process is completed. A pretrial conference will be calendared by the court. In most cases, there will be several pretrial conferences before an actual trial takes place. The pretrial conferences are also referred to as further proceedings or pretrial status conferences.
Criminal Defense Lawyers
Should you have specific questions or require additional information about your legal rights and obligations, we strongly advise you to consult with a verified Criminal Defense Attorney about your issues as soon as possible.
