What is an Arraignment?
The arraignment is your first court appearance at which the Court will require you to enter either a “guilty” or “not guilty” plea. Depending on the circumstances of your case, we will normally attend the arraignment for you, obtain a copy of the arrest report, enter a “not guilty” plea, and continue your case for a pre-trial conference with the prosecutor and/or judge. We can also get you excused from attendance not only at the arraignment but also at subsequent pretrial conferences.
An arraignment is the first court appearance made on a criminal complaint. A traffic ticket, misdemeanor complaint, felony complaint, felony information and felony indictment are all complaints upon which an arraignment must be held. The purpose of an arraignment is to tell the person about his or her constitutional rights, including the right to be represented by an attorney and, in most cases, by the Public Defender if you cannot afford to hire an attorney using private funds, and to explain the charges that have been filed. The court cannot proceed against a person until that person has been legally arraigned. An arraignment for a felony charge is different from a misdemeanor and a traffic charge. If you are charged with a felony, the court will strongly advise you to seek the assistance of an attorney (self-representation, although admirable, and clearly constitutional, is not advisable – the person would be going head-to-head with an experienced attorney from the District Attorney
An arraignment is a hearing where a defendant is advised of the formal charges filed by the State and allowed to enter a plea as to the charges. If you have an attorney, he may enter a written plea in your behalf and waive your appearance at the arraignment. If not, you must appear. Be sure to check with your attorney as to whether you must appear. At the arraignment, a trial date and possibly a status conference date will be set.
Your arraignment will likely be your first appearance in court whether or not you are in custody. At arraignment, your attorney should receive the police reports on your case and any additional evidence that the District Attorney has in his or her possession. Your attorney should also receive a formal complaint, which officially states the charges that have been filed against you. It is important to note that the charges may be different than those for which you were arrested. Where the police can arrest you for one pair of charges, the District Attorney’s office may disagree and file a completely different set of charges if they feel the facts support those charges. If you are in custody, your attorney should have the opportunity to argue for a bail reduction. However, it is important to note some courts will not hear a bail argument without proper notice and what is commonly referred to as an “OR Report.” “OR” stands for “Own Recognizance.” The “OR” clerk will interview you to see if
