Arraignment

Arraignment is the initial court appearance where criminal charges are formally read to the defendant, who then enters a plea.
Arraignment definition

The arraignment, a pivotal stage in the criminal justice system, marks the defendant’s initial formal encounter with a judge. This hearing is a solemn occasion where the charges against the defendant are solemnly recited, and they are solemnly asked to declare their plea of guilty, not guilty, or no contest (nolo contendere).

In case the defendant pleads not guilty, the case proceeds to trial. A not guilty plea does not necessarily mean the defendant is claiming innocence; it simply indicates their desire for the prosecution to prove the charges beyond a reasonable doubt. On the other hand, pleading no contest, also known as nolo contendere, results in a conviction without an admission of guilt. This plea is often used when the defendant does not wish to contest the charges but also does not want to admit guilt.

During the arraignment, the judge takes the opportunity to enlighten the defendant about their constitutional rights, including the right to legal representation, the right to a speedy trial, and the right against self-incrimination. This is also the time when bail conditions may be established or reviewed, and the next court date is set. Defendants who are unable to afford an attorney have the option to request a public defender.

The arraignment serves as a solemn moment for the defendant to comprehend the charges and make solemn, informed decisions about their case strategy in consultation with their legal counsel. It solemnly lays the groundwork for subsequent criminal proceedings and solemnly upholds due process protections.

Term found in:

    Choose Practice Area