To arraign is a legal process in which a defendant is brought before a court to formally hear the charges against them, to enter a plea (guilty, not guilty, or nolo contendere), and to have bail determined if applicable. Arraignment typically occurs soon after arrest and before the commencement of a criminal trial. During arraignment, the charges are read aloud, and the defendant is informed of their constitutional rights. The judge ensures that the defendant understands the charges and their rights before proceeding. Depending on the jurisdiction, arraignment may also involve setting future court dates and addressing other procedural matters.
Arraign (verb): 1. To formally accuse or charge a person with a crime in a court of law, typically by reading the charges against them and asking for their plea. Example: The prosecutor arraigned the suspect for robbery and presented the evidence to the court. 2. To call someone to account or question their actions, often in a critical or confrontational manner. Example: The journalist arraigned the politician for his controversial statements during the press conference. 3. To summon or bring someone before a higher authority or tribunal to answer for their actions or behaviour. Example: The ethics committee arraigned the doctor for alleged professional misconduct. 4. To present or bring forward a formal complaint or indictment against someone. Example: The grand jury arraigned the suspect for multiple counts of fraud. Note: The term “arraign” is primarily used in legal contexts and is associated with the formal process of charging someone with a crime in a court of law.
v. to bring a criminal defendant before the court, at which time the charges are presented to him/her, the opportunity to enter a plea (or ask for a continuance to plead) is given, a determination of whether the party has a lawyer is made (or whether a lawyer needs to be appointed), if necessary setting the amount of bail, and future appearances are scheduled.
Arraignment is a legal proceeding where a defendant is formally charged with a crime and enters a plea of guilty, not guilty, or no contest. It is typically the first step in the criminal trial process and is conducted in front of a judge. During arraignment, the charges against the defendant are read, and they are informed of their rights, including the right to an attorney. The defendant is then given the opportunity to enter a plea, and if they plead not guilty, a trial date is set. If the defendant pleads guilty or no contest, the judge may proceed with sentencing or schedule a separate hearing for that purpose. Arraignment serves to ensure that defendants are aware of the charges against them and have the opportunity to respond to those charges in court.
An arraignment is a formal court proceeding where a defendant is brought before a judge or magistrate to be informed of the charges against them and to enter a plea.
Arraignments usually take place shortly after a person has been arrested and charged with a crime, but the exact timing may vary depending on jurisdiction and the specific circumstances of the case.
During an arraignment, the charges against the defendant are read aloud, and they are asked to enter a plea of guilty, not guilty, or no contest. The judge may also set bail or conditions of release at this time.
In many cases, defendants are required to attend their arraignment in person. However, in some jurisdictions or under certain circumstances, defendants may be allowed to waive their right to a physical appearance and instead arrange for their attorney to represent them.
If a defendant cannot afford an attorney, they may be eligible to have one appointed to represent them by the court, especially during critical stages like arraignment.
Yes, a defendant can typically change their plea at a later stage in the legal process, although the procedures for doing so may vary depending on the jurisdiction.
If a defendant pleads guilty at arraignment, the judge may proceed directly to sentencing or set a date for a sentencing hearing.
If a defendant pleads not guilty at arraignment, the case will proceed to the next stage of the legal process, which may involve pretrial motions, discovery, and eventually, a trial.
The primary purposes of an arraignment are to inform the defendant of the charges against them, to ensure that they understand their rights, and to allow them to enter a plea.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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