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The appointment in front of a judge to hear the charges that are placed against a person is called arraignment. It is normally a very short session where the person may be given a chance to plead against the charges. However, there could be a combined hearing on bail if the charges are related to a felony. A person can make three different types of pleas during an arraignment. These are guilty, not guilty and no contest. In most situations, people may plead not guilty so that they get more time to retain an attorney if they want the case to go to trial. There may be some people who will plead guilty and take care of the charges. Answered below are some of the commonly asked questions about arraignment: A person has already filed the Accelerated Rehabilitative Disposition application and waiver at a preliminary hearing. This person has an arraignment on Thursday. Is the person still required to attend the arraignment? If yes, what should he/she plea if he/she is under ARD consideration?
A person may have to appear at the arraignment if he/she does not get a notice informing him/her that the waiver has been granted or the application has been received. In most situations, it may be considered better to attend the arraignment as sometimes, the information given can be lost or misplaced. The person can also check online or ask the court clerk if the application was received a day before the hearing. The person can inform the court that he/she wants to appear for the ARD program. The court may guide the person about the steps that he/she needs to take. What should a person wear or do at an arraignment?
A person is expected to wear appropriate clothes when he/she visits court. Most people consider dress pants and a button down shirt to be apt for court. One may avoid wearing casual clothing or footwear. Though one may not have to wear a suit and tie, one may try and look formal and best in the court. When a person appears for the arraignment, the judge will read out the charges that have been filed against him/her. The person will be given a chance to either plead guilty or not guilty. A different date will be decided for the hearing if the person pleads not guilty. However, if the person chooses to plead guilty or no contest, then the court may give him/her an offer to put an end to the case and close it. If the person is unable to afford an attorney to represent him/her, he/she may request the court to appoint one. A person wants to reschedule an arraignment. However, the court docketing is not permitting him/her to do so. The arraignment is for a DUI hearing. Under what circumstances will a person be allowed to reschedule an arraignment?
If a person wants to reschedule an arraignment, he/she may contact the judge and request him/her to reschedule it. The decision to reschedule the arraignment will be left to the judge and not the court clerk. The person will be given a trial date if he/she appears at the hearing and pleads not guilty. Once this date is decided, the person may hire an attorney to fight the case. The person can also try and find out what deal he/she may be given if he/she chooses not to hire an attorney. Normally, there are pre-decided penalties if it is a first DUI offence. Can a case be thrown out of an arraignment? If so, under what reason can it be thrown out?
There may be some cases that are thrown out during the arraignment stage. Most of the times, this may happen when the defense attorney approaches the prosecution with proof that their client is innocent. If the prosecution is convinced, then both the parties may go before the judge and request for the charges to be dismissed. This may be the only reason for a case to be thrown out. The judge may not hear any evidence till the trial even if there is enough evidence to prove guilt. Is a person required to appear in court for an arraignment for a misdemeanor if he/she is represented by a private attorney?
A person has to appear in court for an arraignment for a misdemeanor. A person may have to file a plea. If the person appears for the hearing, the judge may be more willing to hear both the sides out. Though, a person may not be required by law to appear for the hearing, it would be better for him/her if he/she decides to go. An arraignment is the first time a person appears before a judge after being charged with a crime. The judge may read out the charges to the person and ask him/her if he/she pleads guilty or not. Most people may plead not guilty. There are various rules and regulations that need to be followed during an arraignment. You may ask a lawyer if you have any questions or need more information about the arraignment process.
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