An arraignment is an early stage in a criminal case when the defendant is formally brought before the court and informed of the criminal charge or charges.
Although procedures vary by jurisdiction, an arraignment commonly includes several things:
- The court identifies or reads the charges against the defendant.
- The defendant is advised of important legal rights, including the right to an attorney.
- The defendant enters a plea, usually guilty, not guilty, or no contest where that plea is permitted.
- The judge may address bail, release conditions, or continued detention.
- The court may schedule future hearings or other proceedings.
An arraignment is generally not the trial. Witnesses ordinarily are not called to determine guilt, and the prosecution normally does not have to prove its entire case at this stage.
For example, if a defendant pleads not guilty, the case generally proceeds to additional pretrial stages and potentially a trial. If the defendant pleads guilty, the case can instead proceed toward sentencing, subject to the applicable court procedures.
The exact process and terminology depend on the state or jurisdiction, so someone facing an actual arraignment should obtain advice from a qualified criminal-defense attorney in that jurisdiction.
