What Happens to the Defendant at the Arraignment?
The arraignment is the time where the judge will ask if the person appearing is the person identified in the charges. In addition, the judge will ask whether the defendant will plead not guilty. It is highly unusual that a defendant would plead guilty at the arraignment. At an arraignment: • The defendant will be provided with written charges. • The defendant will be asked to state his identity. • The defendant is entitled to counsel. • If charged with a misdemeanor, the defendant is required to reply to the written charges with a plea normally of not guilty. If charged with a felony, the defendant may or may not be required to reply with a plea at the initial arraignment. • In both misdemeanor and felony cases, a misdemeanor case, the judge will set the defendant’s tentative appearance schedule. • Bail is set. The defendant has a right to argue for a bail reduction. • The discovery process begins. Discovery for misdemeanor offenses usually consists of a police report and a complaint.
