Being charged with a crime can feel overwhelming, but understanding the legal process helps you know what to expect. One of the first steps in a criminal case is the arraignment. This hearing serves as the formal introduction to the charges and ensures the defendant understands their legal rights.
The purpose of an arraignment
An arraignment is a court hearing where the defendant hears the formal charges filed against them. The judge reads the charges and explains the possible penalties. This is also when the defendant is advised of their rights, such as the right to an attorney and the right to remain silent.
The prosecution may also present basic details about the case. While evidence isn’t debated at this stage, the arraignment sets the stage for future legal proceedings.
Entering a plea
During the arraignment, the defendant enters a plea. There are three main options:
- Guilty – The defendant admits to the crime and moves directly to sentencing.
- Not guilty – The defendant denies the charges, leading to further hearings and trial preparation.
- No contest (nolo contendere) – The defendant doesn’t admit guilt but accepts the consequences.
A “not guilty” plea allows the case to proceed to pretrial motions and potentially a trial. In some cases, plea negotiations may begin soon after.
Bail and release conditions
If the defendant is in custody, the judge may address bail and release conditions during the arraignment. Bail allows a person to remain free while awaiting trial, though it may come with restrictions such as travel limitations or required check-ins. The judge considers factors like criminal history and flight risk when setting bail.
What happens next?
After the arraignment, the case moves into the pretrial phase. This may involve gathering evidence, negotiating plea deals, or preparing for trial. The speed of the process depends on the complexity of the case and the legal strategy pursued.
