Legal Definitions - arraign

To arraign someone means to bring a person who has been accused of a crime before a judge in court for their first formal hearing. During this hearing, the judge will officially inform the accused person of the specific charges against them. The accused will then have the opportunity to state whether they are guilty or not guilty, or to request more time to decide on a plea. The court will also confirm if the person has legal representation or if a public defender needs to be appointed. Additionally, the judge may decide on bail conditions and schedule the next court dates.

Here are a few examples to illustrate what an arraignment involves:

• Example 1: Misdemeanor Theft

  After being arrested for shoplifting a small item, Maria is brought before a judge for her arraignment. The judge reads the specific charge of petty theft. Maria, feeling overwhelmed, states she needs a lawyer, so the judge appoints a public defender to represent her. Her public defender advises her to plead not guilty for now. The judge then sets a date for her next court appearance, and because it's a minor offense, releases her without bail.

  This example illustrates the arraignment process by showing the formal presentation of charges, the assignment of legal counsel, the entry of a plea, and the scheduling of future court dates.

• Example 2: Serious Felony with Bail Discussion

  David is arrested and charged with aggravated assault following a serious altercation. At his arraignment, he appears before the judge, who formally reads the felony assault charges. David's privately retained attorney enters a plea of not guilty on his behalf and then argues extensively for a reasonable bail amount, explaining David's ties to the community. The judge considers the arguments, sets a significant but manageable bail, and schedules a preliminary hearing for a few weeks later.

  This example highlights how an arraignment includes the formal reading of serious charges, the presence of legal representation, the entry of a plea, and the critical decision regarding bail, along with scheduling the next steps in the legal process.

• Example 3: Request for Continuance in a Complex Case

  A corporate executive, Ms. Chen, is indicted on charges of financial fraud involving complex transactions. At her arraignment, she appears with her team of defense lawyers. The judge formally presents the detailed fraud charges. Instead of entering a plea immediately, Ms. Chen's lead attorney requests a "continuance," asking for more time to thoroughly review the extensive evidence provided by the prosecution before advising their client on how to plead. The judge grants the request, sets a high bail amount due to the severity of the charges, and schedules a new date for Ms. Chen to return to court to enter her plea.

  This example demonstrates that an arraignment involves the formal presentation of charges, the presence of legal counsel, the option to request more time before entering a plea (a continuance), and the setting of bail and future court dates, especially in more complex legal situations.