What happens at an arraignment in the Justice of the Peace Court?
You will be asked to decide whether you wish to have your arraignment (and trial, if you plead “not guilty”) in the Justice of the Peace Court or transfer your case for arraignment (and trial, if you plead “not guilty”) to the Court of Common Pleas. You should be aware that the judge in the Justice of the Peace Court is not necessarily a lawyer, while the judge in the Court of Common Pleas will be a lawyer. You may choose to be represented by a lawyer in either court. In most situations, there is no prosecutor or public defender in the Justice of the Peace Court, while there will be a prosecutor and a public defender (if you are eligible) in the Court of Common Pleas. However, if you are in Justice of the Peace Court 20 in the City of Wilmington, both a public defender and prosecutor will be available. If you are charged with a violation of a municipal ordinance or county code, you will not have the right to transfer your case to the Court of Common Pleas. If you choose to transfer you
