After a defendant is arrested and charged with committing a crime, he's entitled to an arraignment. An arraignment is a proceeding before the court where the charges are formally read to him. He may also enter a plea to the charges at this proceeding. A plea is the defendant's answer to the charges.

Charging the Defendant

There are a couple of ways that a defendant can be charged with committing a crime. One way is by indictment. An indictment is a formal charging instrument by a grand jury. The grand jury hears evidence from the prosecutor and decides if there's probable cause that the defendant committed the crime.

Another way to charge the defendant is by an information. An information is a formal charging instrument directly from the prosecutor. The type of alleged crime will usually determine whether an indictment or an information is needed to charge the defendant. For example, a serious crime such as murder will usually require an indictment by grand jury.

Informing the Defendant of Charges

Once an indictment or information is created, the defendant needs to be formally informed of the criminal charges against him. At the arraignment, a copy of the indictment or information is given to the defendant and read to him in court. The formal reading of the charging instrument is commonly waived by the defendant as a matter of convenience.

The main purpose of the notification requirement is to make sure that the defendant is fully aware of the criminal charges before he enters a plea. As long as he's aware of the charges, any small mistakes in notifying the defendant at the arraignment will be excused.

Pleading at the Arraignment

The defendant will be asked by the court to enter a plea to the indictment or information. Common pleas by the defendant include guilty, not guilty and no contest. If the defendant refuses to enter a plea, the court will enter a not guilty plea for him.

In order for the court to accept the plea, the defendant must have the capacity to enter the plea. The plea must also be knowingly and intelligently entered into by the defendant. If the defendant pleads guilty, the court must determine that the plea is voluntary and not the result of force or threats.

Right to a Lawyer at the Arraignment

The defendant has the right to have a lawyer at the arraignment if he's charged with a crime that may lead to prison. The lawyer will be able to help explain the charges and the consequences of any pleas that the defendant may enter. The defendant can also waive his right to a lawyer if he chooses to do so.

If the defendant can't afford a lawyer, the court will appoint one for him if requested. However, if the charged crime is petty and can't lead to prison, the defendant doesn't have the right to an appointed lawyer.

Presence of Defendant at the Arraignment

The defendant is generally required to be present at an arraignment. However, a court may allow a defendant to waive his right to be present under certain circumstances. Any waiver of presence is permitted only with the consent of the court.

Many courts will allow the use of video teleconferencing to arraign the defendant. The defendant must consent before it can be used. However, some courts don't allow a guilty plea to be entered by videoconference. They require the defendant's presence in front of the court at the arraignment.

Questions for Your Attorney

  • Do I have to enter a plea at the arraignment or can I ask the court for more time and enter a plea later?
  • If the charges against me were incorrectly written at the arraignment, will I be able to have reversed any later convictions against me? Does it matter whether I knew they were incorrect or not?
  • What benefit is there to be present at the arraignment? If the court asks me to consent to video teleconferencing, should I grant permission or should I insist on being there personally?