What Is An Arraignment Hearing? 2024 Guide – Forbes Advisor – Technologist

Beyond knowing the meaning of an arraignment hearing, you’ll also want to know what occurs during this process. Here’s how arraignment hearings generally work in courts across the United States.

What Happens Before an Arraignment Hearing?

Arraignments happen when law enforcement officials are ready to move forward with prosecuting you for a criminal offense. One of several things may occur before your hearing:

• You may be arrested for an offense, read your Miranda rights and booked into police custody.
• You may be issued a summons or a citation requiring you to come to court at a specific time.
• You may be indicted by a grand jury.

When you are arrested for a criminal offense, you have a Sixth Amendment right to a speedy trial. Because of this, your arraignment usually must take place within a short time after your arrest. Usually, if you’re in jail leading up to the arraignment, the hearing must take place within 48 to 72 hours depending on the jurisdiction.

What Happens During an Arraignment Hearing?

What happens at an arraignment hearing? Every defendant must know the answer to this question so they can protect their rights.

During your hearing, you will be informed about the charges against you. Depending on the jurisdiction, the judge may read a charging document to you such as a criminal complaint or indictment. You should also be provided with a copy of the charging document.

The court may also be required to inform you of certain constitutional rights, such as the right to an attorney, the right to a fair and speedy trial and the right not to incriminate yourself. If you do not have an attorney, you’ll typically be given the opportunity to request a public defender at your arraignment.

During this proceeding, you need to enter a plea. This means telling the court how you plan to handle your case moving forward. You could:

• plead guilty, admitting that you violated the law
• plead not guilty, which means you are not admitting to the crimes you are accused of and you plan to raise defenses in court
• enter a “no contest” or nolo contendere plea, which means you do not admit guilt but you acknowledge the prosecutor has sufficient evidence that you’re likely to be found guilty, so the case can proceed as if you did admit to committing the offense

Arraignment hearings are sometimes combined with bail hearings. If that’s the case in your jurisdiction, then the judge will determine if you should be free on bail pending trial or remain in custody until your criminal case is resolved. You may be required to remain in custody if the judge believes you present a flight risk or an ongoing threat.

If you are released, the judge will also determine if you must post bail, which means that you must post money with the court or get a bondsman to do so. The money, minus court fees, will be returned if you appear in court as promised.

Some states have been moving to reduce or eliminate cash bail, as it is viewed as discriminatory against those without financial resources and may contribute to America’s mass incarceration problem.

The judge also has the option to release you on your own recognizance (ROR), which means you are released on the basis of your promise to return for future court proceedings.

What Happens After an Arraignment Hearing?

After the arraignment, the criminal case against you moves forward.

If you pled “guilty,” you will be sentenced in a sentencing hearing.

If you pled “not guilty,” then your case will proceed. The exact process depends on the jurisdiction and on whether you have been charged with a misdemeanor offense or a felony.

In general, however, there will be a discovery phase in which information is exchanged and you will have the opportunity to attend a pretrial conference or pretrial hearing. During this hearing, the judge can evaluate the strength of the case to determine if there is probable cause to move forward. You and the prosecutor may also have a chance to try to negotiate a resolution to the case.

If your case is not resolved at this phase, you’ll move forward to your criminal trial. The prosecutor can present evidence and you can introduce a defense. The prosecutor has the burden of proving your guilt beyond a reasonable doubt. If they don’t, you’ll be acquitted. If they do, you will be found guilty and sentenced for your crime.