What is an Arraignment?
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An arraignment is the formal reading of charges against a person. Usually if the arraignment is short although it may be combined with a hearing on bail if the crime is a serious felony. This is also the opportunity for someone charged with a crime to enter a plea. In the US there are usually three possible pleas: not guilty, guilty, no contest.
A final plea called the Alford law can be entered in criminal cases. In these cases, the person being charged does not admit to the crime, but does acknowledge significant evidence that could allow a jury or judge to conclude that the person accused has committed a crime. The Alford law may result in the case being continued, or may result in a direct sentence of guilty.
After the plea is entered, the next job of the arraignment is to determine dates for trial. In some cases, a plea of guilty may result in the judge pronouncing sentence immediately. If the crime is minor, such as a traffic ticket, those accused may merely pay a fee and leave. Sometimes one can circumvent an arraignment for minor traffic offenses by paying a fee before the arraignment. In these cases, the payment of the fee is enough and the person accused does not have to appear at the arraignment. This varies from state to state, and one should verify with the courts whether paying a fine exempts one from attending an arraignment.
Failure to attend an arraignment when required can result in more criminal charges, fines, and an immediate arrest warrant being issued. In almost all cases, one must appear at an arraignment to avoid such. Usually, those charged with a crime that are not held in jail are given a date and time to attend their arraignments.
If someone is being held in jail, without specific charges, he or she must be arraigned within 24-48 hours of the arrest. At an arraignment of this type, the prosecutor must produce enough evidence to demonstrate probable cause for a charge. If no charge can be made, the person being held in jail is not charged, and is released.
Those being held in jail for a specific charge usually also quickly attend an arraignment to be formally charged. If a bail hearing follows, those accused may either be released on their own recognizance, have a bail amount assigned for leaving jail, or may not be allowed to leave jail. Where the crime is of a serious nature, and flight risk is possible, leaving jail may not be allowed. Release or a determination of bail is at the discretion of the judge.
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My stepson was 19 at the time, lied to the police and said I intentionally jumped on him. The police arrested me, they said, "Because he looked worse than I did." I told my son, I need to use the computer, He said, "No, you're just going to have to wait." I said, "why do you keep talking to me that way?" and I got between him and the computer. He immediately started swinging, hitting and scratching me in the face and chest. The last straw was when he hit me in the eye. The only thing I felt I could do was to hit him. I have an arraignment soon. How can I prove I was defending myself? The only thing I think of is to attack his character towards me in the past. - anon50660
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A lot of times people call the police to mediate an argument like who's on whose side to win a fight, Then they find out afterward someone goes to jail. Never call the cops unless it is life threatening! Me and my wife went through this about five years ago things are much better now we learned. we still argue occasionally but we have decided don't call the cops over petty stuff we can work out. The cops are not going to try to help you work it out or mediate with your spouse. when they come someone goes to jail and it gets expensive. - anon45043
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No such thing as a mistake when a man hits a woman. He belongs in jail. - anon42862
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maria1978: Do not know what state you are in but the state attorney doesn't take it lightly if you want to drop charges. In some states they can come back on you if you change your story. Be careful.
You are just engaged; if he hit you now, heaven knows what he will do to you when you are married! Take his actions toward you as a *big* flag/fair warning and run as fast as you can! - uniqueldy
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in the state of florida, an accused person that has been arrested for a crime spends an average of 23 days in jail before their arraignment. is this practice legal?
- anon41926
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Let him rot in jail. Don't help him get out. He *hit* you. - anon39849
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My fiancee lost his job and he was having trouble finding one. we got into an arguement where he went completely out of it and punched me in the chest. well I pressed charges. how can I help him to get out of that since it was just a mistake? - maria1978
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Do you need to have a lawyer present, or is it recommended, for an arraignment for a DWI if you are pleading not guilty? - sharlan
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johno:Where do you get your numbers of how many days an accused person spends in jail before arraignment in FL.? Anyhow I personally know someone was was arrested on 4/28, ROR on 4/29. Violated the no contact order on 4/29 which was reported. A notice of the violation was written on 4/30 by the pre-trial counselor. 5/18 arrested again for violation of no contact order & as well as witness/victim tampering. 5/19 given $50,000.00 bond & posted it on 5/21. Since a written plea of not guilty has to be done prior to arraignment (10 days?) & one was just done on 6/2 it has far exceeded your 23 day mark. Even if you are talking about someone who was given a bond & couldn't post it my example in FL. shows way longer than 23 days. - uniqueldy
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If someone is arrested for simple battery and the police report states they admitted "they grabbed the victim because they were mad at her". Why, several months later after hiring an attorney, write a notice of not guilty?Does their pleaing not guilty nullify their admission to the police? - uniqueldy
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What is a petition? - anon31458
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When a person is arrested for back child support with no means of paying while in jail, is the person likely to be released at an arraignment if there is documentation of a medical problem that has kept him from working? - drenno
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Do you need a lawyer for an arraignment for a dui charge when you plan to plead not guilty?
Mississippi resident
- anon12481
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I have been going to court for over a year. I have yet to be arraigned. I spent the first two weeks in custody. What should I do? - Turnleft123
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What will happen if the accused fails to attend the arraignment because he or she has left for abroad? - anon10364
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in the state of florida, an accused person that has been arrested for a crime spends an average of 23 days in jail before their arraignment. is this practice legal?? - johno
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Do you need a lawyer at the arraignment. Can you change your plea at the time of the hearing? - anon3038
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Written by
Tricia Ellis-Christensen
Last Modified: 30 October 2009
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