Arraignment:  

The arraignment is the first hearing in the criminal court process.  For DUI and a few other crimes the defendant must be present at this hearing.  A representative of the prosecuting attorney will be present in addition to the defendant, defense attorney and the judge.  The arraignment is an opportunity for the court to address three issues: [1] notice; [2] conditions of release; and [3] a future court date. 

Notice

The judge will initially request the defendant to state their legal name, date of birth, and whether or not they understand their legal rights.  Legal rights are typically available in writing in the courtroom.

The judge then announces the criminal complaint.  This document explains what criminal charge or charges the prosecutor filed.  The defendant then responds guilty or not guilty.  There can be harsh consequences with a guilty plea that may not be fully explained at this hearing.  A guilty conviction may prevent your right to bear arms, to vote and may even be grounds for deportation for non-citizens.  It is imperative you seek advice of counsel before even considering a guilty plea.  Kennedy & Berner, LLP will always advise you enter a plea of not guilty. 

Conditions of release

After entering a not guilty plea the court must determine whether or not the defendant is a flight risk and/or a danger to the community.  The court will exercise discretion and impose conditions of release.  These are lifestyle restrictions that can include posting sums of money for bail, promising to abide the law, abstaining from consuming alcohol, or other requirements.  Conditions of release will remain in place until the case is resolved.

Notice of future court date

Finally, the court will provide written notice of the next hearing date.  There are many pending civil and criminal cases.  This causes great congestion and complications for calendaring new hearing dates.  Expect the next hearing to be set at least 30 days from the date of the arraignment hearing.  It is wise to bring your personal calendar as the court makes diligent attempts to avoid scheduling conflicts.  The next hearing is called the pretrial conference.   

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