The Arraignment Process

District Attorney - The Arraignment Process

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When you're arrested, one of the first steps towards a court hearing to ascertain your guilt or innocence is the arraignment hearing, in which you enter your plea. The arraignment is, in a sense, the start of the process of justice, setting it into motion. Your arraignment will set the tone for the entire legal process, so it's important to know what you're going into, and lead with your best foot.

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The arraignment hearing happens shortly after you're arrested. When it happens is dependent on whether or not you were held in jail the night before. If you were, you will be brought into a collective hearing at the District Court the next business day. If you weren't held in jail, the court will issue you a summons requesting your presence on a given day.

The arraignment hearing itself is conducted in collective in a District Court. Usually, misdemeanors will be tried and then sentenced at the same level of court, although you can appeal the decision of the District Court if you feel that you haven't received a fair trial. If you do appeal the decision, your case goes to the classic Court. Additionally, if you prefer, you can ask that your case be tried from the starting in the classic Court.

Felony charges are also arraigned at the District Court level, although they are not tried there. Felonies require a classic Court. Because the arraignment process in this case is more of a bureaucratic process, and many defendants have to plead not guilty at this level even if they want to plead no contest, in order to move the process into the classic Court phase.

Because an arraignment involves whether admitting to or denying the charges against you, it's important to know the distinct pleas you can make at this point. There are three distinct inherent pleas you can enter into the court:
Not guilty. A plea of not guilty means that you are denying the charges against you. Guilty. A plea of guilty means that you are admitting to the charges against you. Pleading guilty can save a long legal process if you did commit the crime you're accused of, and (depending on the circumstances) can make the court be more lenient in its sentencing. No contest. A plea of no contest means that you're neither admitting to or denying the charges against you, and that you will not offer a defense to the charges. In many jurisdictions, it's very similar to pleading guilty.

It's worth noting that a plea of guilty or no contest can be very difficult to take back later.

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