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Arraignment Process Related Questions

Arraignment is an appointment before a judge to hear the formal charges against a person. Generally, an arraignment is a short session with the opportunity for the person to plea against the charges. However, there may be a combined hearing on bail if the charges are felony related. There are three different pleas that a person can make during an arraignment; guilty, not guilty, or no contest. Typically, most people will plead not guilty to allow themselves more time to retain an attorney if they wish the charges to go to trial. However, some people choose to plead guilty and get the charges taken care of and put behind them. Below are some of the more typical questions regarding arraignments that have been answered by Experts.

I have an arraignment for Thursday and have already filed my Accelerated Rehabilitative Disposition (ARD) application and waiver at my preliminary hearing. Do I still attend the arraignment and if so what do I plea if I am under ARD consideration?

If you haven't received notice that the waiver has been granted or if the application has been received, you should appear. It is always best to appear because there is always the chance that your information could be lost or misplaced. The day before the hearing, you could check online or contact the clerk of court to see if the application was received by the court and see if you can enter the ARD program. When you appear in court, you should inform the court that you want to enter the program. The court will tell you what steps need to be taken.

I have an arraignment this week and have no clue what to wear or what to do as I have no attorney. What should I do?

You should wear appropriate clothing when going to court. Dress pants and a button down shirt is usually the better choice. You should never wear casual clothing or shoes such as flip flops, tanks or shorts. While a suit and tie are not required, you should always try to look your best when going to court. At the arraignment, the judge will read the charges against you and you will be given the opportunity to plead guilty or not guilty. If you plead not guilty, another court date will be set for the hearing. If you choose to plead guilty or no contest, the court will give you an offer to end the case and close it out. Also, if you cannot afford an attorney, you can request that the court appoint you a public defender.

I need to reschedule an arraignment, but the court docketing won't let me reschedule. The case is on a DUI. What reason do I need to reschedule?

The first thing you need to do is contact the judge in the case and ask that the arraignment be rescheduled. The final decision is up to the judge, not the court clerk. If you appear at the hearing, you need to plead not guilty and you will be given a trial date. Once the date has been set, you can hire an attorney to try the case or try and resolve it. Another option would be to find out what type of deal you would receive if you were to plea without an attorney. Since this is a first driving under the influence (DUI), they generally have pre determined penalties that include a fine.

I have an arraignment for a misdemeanor. Should I appear in court if represented by a private attorney?

It is very important for you to appear at the arraignment. You will have to enter a plea and when you appear, the judge tends to be more agreeable to listen to both sides rather than just the prosecutions side. While it is true that you don't have to appear if you have private representation, you will send a more positive sense of responsibility to the judge by appearing. This is why it is so important to appear before the judge during the arraignment.

Is a case ever thrown out at an arraignment? If yes, why?

Some cases are thrown out during the arraignment stage. Usually, this happens when the defense attorney approaches the prosecution with evidence of their client's innocence. If the prosecution agrees, both parties will go before the judge during the arraignment and explain that they both agree that the charges should be dismissed. Typically, this is the only way a case is thrown out during an arraignment. Even if there was plenty of evidence present at the arraignment, the judge will not be hearing any evidence until the trial. There has to be an agreement between the defense and the prosecution that the case be dismissed.

An arraignment is the first appearance before a judge after being charged with a crime. Usually, the judge reads the charges and will ask how the person pleads. Generally, most people choose to plead not guilty in order to buy some time in order to hire an attorney and find money to pay potential fines. In the event that you are faced with an arraignment, you should ask an Expert for assistance before going before a judge alone. An Expert can offer ideas and suggestions that will best fit your individual situation.

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Tina
Tina, Lawyer
Category: General
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Recent Arraignment Questions

  • my son had a single vehicle wreck 10/3/12. Was taken to hospital

    my son had a single vehicle wreck 10/3/12. Was taken to hospital no cops saw him at wreck. cop told him to take a blood test 0.15 cop left. now he was ordered to appear for arraignment on 11/12 by letter 10/14. cause was filed 9/18 does the sol apply would be his first dwi
  • Hello Law Educator, my question is what would be the next

    Hello Law Educator, my question is what would be the next (or several) steps to take for this situation: Defendant was found guilty. Defendant filed a timely appeal; however, that appeal was abandoned. A motion to reconsider and reopen appeal was just
    submitted yesterday; therefore, the soonest defendant would be notified of the granting or denial of the motion to reconsider would be (in this particular trial court - about 4 days.) Now, during the final disposition on 9/11/14 (which was ONLY a disposition
    to reiterate the judgement; it was already decided in February) an oral Motion to Dismiss with Prejudice, was denied. Defendant has 14 days to submit an appeal. Tomorrow is the 14th day. Is an actual &quot;Appeal&quot; proper here? If so, I know the basis/standard of
    review, etc.. But is this remedy even allowed?I am not appealing the original judgement because this would be untimely, and well, it has already been abandoned. So would I file an appeal (and order a transcript... the whole 9 yards), or go to the appellate
    court, which here is the Superior Court, and attempt a judgement/order nunc pro tunc? Or are there ANY other methods?Any &quot;special circumstance&quot; that would allow filing to occur 7 months after final judgement... would be met in this case! Fraud, malicious prosecution,
    abuse of discretion, etc... Any suggestions? ANY suggestions at ALL will help. You have never disappointed, and I know that any information you share will be worth investigating; even if it doesn't pan out. (Naturally, you don't know all aspects of my case,
    so I will do the work to see if my case &quot;fits&quot;.) Thank you! (P.S. I am running to grab take-out, and can respond after about 15 min.)
  • I missed my arraignment for a traffic ticket I had, but ended

    I missed my arraignment for a traffic ticket I had, but ended up paying the fine online after the fact. On the websites information it says:
    PAST ARRAIGNMENT DATE PROCESSING FEE AND MISDEMEANOR PROCESSING COST.
    I was wondering if this means I’ve been charged with a misdemeanor and whether there would be a warrant out on me?
    After I paid a couple weeks later the online docket says:
    BATCH SCANNED CASE FILE (ONBASE)
    BOX 519
    MM
    I was curious what that meant. The glossary the website provided does not tell me.
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