Arraignment

Arraignment Process

In some states, arraignments occur at the same time as a defendant's initial appearance before a magistrate or judge. This usually takes place within 24 to 48 hours of arrest. In County of Riverside v. McLaughlin (1991), however, the Supreme Court found that there may be circumstances under which a person who is subject to a warrantless arrest may be held longer than 48 hours. At an initial appearance, the defendant is informed of the charges and of his/her right to an attorney. Bail is then set or the defendant is released on his/her own recognizance, that is, the defendant is freed as long as he/she agrees to return to court voluntarily when ordered to do so. If bail is set but the defendant cannot afford it, he/she will spend the time until his/her next court appearance in jail.

In other states, arraignments occur at some time after the initial appearance. Arraignments are conducted for both misdemeanors and felonies. In the case of misdemeanors, the initial appearance and arraignment occur simultaneously. The person is asked to enter a plea. If he/she pleads guilty, a sentence is handed down immediately. If the plea is not guilty, the person is either given a chance to post bond or is released on his/her own recognizance.

If the charge is a felony, the arraignment takes place after probable cause has been established. Probable cause is established in one of two ways: the information (which is a formal charging document filed with the court by the prosecutor that names the specific charge or charges of the accused) or the indictment (which is a charging document issued by a grand jury that names the specific charge or charges against the accused). One of these documents is presented to the court. The specificity of the charges is required in order to make the defendant aware of what he/she is accused of so that he/she can prepare a knowledgeable defense. It also helps ensure that the defendant is not being charged twice for the same crime.

After the charges are read, the defendant is required to enter a plea. According to Hamilton v. Alabama (1961), arraignment is a considered [Page 68]a “critical stage” under the Sixth Amendment. A defendant is required to have counsel (unless he/she has knowingly and willingly waived that right) during a critical stage because of the chance of losing his/her freedom. The defendant may plead one of three ways: guilty, not guilty, or nolo contendere. If a defendant pleads guilty, the judge must determine that the defendant understands the rights being waived, that the plea was made voluntarily, and that the plea has a basis in fact. If the judge is satisfied as to these facts, the defendant is either sentenced on the spot or a sentencing date is set. If a defendant pleads not guilty, a trial date is set, and he/she either returns to jail (if he/she has not been able to make bail), remains free on bail, or continues release on his/her own recognizance. If a defendant refuses to enter a plea or stands mute, the court enters a not guilty plea for him/her.

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