An arraignment is a court date in which a defendant is made aware of the charges being brought against him or her. The criminal process begins when the police conduct an investigation that leads to an arrest. The defendant is entitled to a first appearance hearing within 72 hours to determine if bail will be granted. If bail is denied, then they will be held in jail until their arraignment date (or their commitment hearing if charged with a felony).
At a misdemeanor arraignment, the judge will formally present the charges being brought against the defendant. The judge will also inform the defendant of their constitutional rights, including the right to counsel. If the defendant cannot afford private counsel, the court will appoint a public defender to represent them. The judge may also reconsider a denial of bail or modify bond conditions as necessary. The most important part of the arraignment, however, is entering a plea. A defendant must answer the charges with a plea of either guilty, not guilty, or nolo contendere. A defendant who refuses to enter a plea will be treated as if they had pled not guilty.
Nolo contendere is Latin for “no contest.” If a defendant enters a “nolo” plea at their misdemeanor arraignment, they are admitting that the prosecutor has enough evidence to potentially succeed at trial. The defendant is neither asserting innocence nor admitting guilt. They are, however, agreeing to be punished for the charges and they are waiving their right to a jury trial. The main purpose of pleading nolo contendere is the hope for a more lenient sentence. Unlike a guilty plea, a nolo contendere plea cannot be used against the defendant in a later proceeding.
The defendant may also choose to plead guilty at their misdemeanor arraignment. This may be appealing if the prosecution has agreed to lessen the charges or recommend a lower sentence in exchange for a guilty plea by the defendant. If a defendant pleads guilty, they give up certain rights, such as the right to trial, the right to confront witnesses, the right to remain silent, and the right to force the prosecutor to prove their guilt beyond a reasonable doubt, among others. If a defendant pleads guilty at their arraignment, they will usually be sentenced on that same day.
The final option at arraignment, and the most common, is to plead not guilty, meaning the case will move forward toward trial. What happens after arraignment and a not guilty plea includes the judge setting important future court dates, such as a pre-trial hearing. After the arraignment and before the next hearing, the defendant is entitled to receive discovery, which includes all evidence in the prosecutor’s possession. Their attorney will also conduct their own investigation of the facts and draft any pre-trial motions that will help protect the defendant’s rights.
A defendant should always retain an attorney at or before arraignment, if possible. Often, judges or prosecutors will want them to enter a plea without an attorney present, which is potentially harmful to their case. Sometimes defendants are surprised to find that the prosecutor has added charges or charged different crimes than what they were arrested for. If a defendant is without counsel at arraignment, they should request a continuance to hire an attorney.
In many courts after the arraignment, specific deadlines are triggered, which may be explained in a “pre-trial order.” In Walton and Newton County, for example, the prosecutor must serve discovery about a month after arraignment. Pre-trial motions are due approximately two weeks later, and responsive motions are due two weeks after the defendant’s motions are filed. About two to three months after arraignment, the court will hold a status hearing and/or motion hearing to assess how the case is going and address any evidentiary issues. This is also an opportunity for the defendant to change their plea from not guilty to guilty if they wish. Having an attorney ensures that this process goes smoothly and efficiently while also protecting a defendant’s rights.
If you have any further questions or are in need of an experienced trial lawyer, call our office and schedule a consultation today.