What is an Arraignment?
Arraignment is a court hearing at which the Judge will formally advise you of the charge(s), ask for your plea and inquire if you are represented by an attorney. You may plea ‘not guilty,’ ‘guilty,’ or ‘no contest.’ A plea of guilty or no contest effectively waives your legal rights and your right to challenge the evidence against you. As such, the attorney’s at Carsten & Ladan, P.A. strongly recommend that you consult with an attorney prior to entering such a plea. Even if you plea ‘not guilty’ at the beginning of your case, you can always change your plea at a later date, after having the opportunity to first consult with an attorney. Generally speaking, if you hire an attorney before your arraignment, he will file a Notice of Appearance and Waiver of Appearance at Arraignment, thereby preventing you from making an unnecessary court appearance.
An arraignment is the formal reading of charges against a person. Usually if the arraignment is short although it may be combined with a hearing on bail if the crime is a serious felony. This is also the opportunity for someone charged with a crime to enter a plea. In the US there are usually three possible pleas: not guilty, guilty, no contest. A final plea called the Alford law can be entered in criminal cases. In these cases, the person being charged does not admit to the crime, but does acknowledge significant evidence that could allow a jury or judge to conclude that the person accused has committed a crime. The Alford law may result in the case being continued, or may result in a direct sentence of guilty. After the plea is entered, the next job of the arraignment is to determine dates for trial. In some cases, a plea of guilty may result in the judge pronouncing sentence immediately.
