ARRAIGNMENT
An arraignment is the first proceeding in open court after a formal criminal charge, either an Indictment (Superior Court) or a Complaint (District Court) has been issued against the accused person. Its purpose is to inform the accused of the nature of the accusation. The charge may be read in full or (if the accused requests) in abbreviated form. The Clerk or the Judge will then ask, “How do you plead?”
The entry of a plea at arraignment is an important part of the criminal process. The accused person has a right to the assistance of a lawyer before entering a plea. In some cases a consultation with a criminal lawyer before arraignment could be important.
If you appear at arraignment without having first secured the services of a defense lawyer, you should plead “not guilty” to each charge unless you are very sure you understand what you are doing. You should not even consider a plea of “guilty” to any felony charge at arraignment. If you are determined to admit to a misdemeanor, you should, at the very least, take some time to find out what the consequences could be. You must be sure about the maximum jail sentence and the maximum fine. But you should also consider other consequences, such as loss of driver's license or gun permit, or indeed a license or permit of any sort. After you have learned as much as you can, if you are still determined to admit your guilt, you should talk with the prosecutor and find out what penalty he will recommend to the court. If the prosecutor is going to recommend any jail time, or even a period of probation following a “guilty” finding, you really should consult a criminal lawyer. It is also important to find out whether the prosecutor will ask the court to enter a “guilty” finding against you. Often, after a person has admitted to the crime charged in the Complaint, the court does not enter the “guilty” finding, but instead continues the case without any finding for a certain time and upon certain conditions. When that time has passed, and if the conditions have been fulfilled, the case will be dismissed. The difference between a criminal conviction (a “guilty” finding) and a dismissal could be very important.
If you are going to plead “not guilty” to all charges, there are still reasons you might want to have your defense lawyer present with you at the arraignment:
First, it is possible the prosecutor will ask the court to set bail. If the court does set bail, and if the amount of the bail is too high for you to post, then you will be held in jail until the bail is posted or until your case is resolved. The court will not set bail without a hearing. You should have the assistance of a lawyer for any bail hearing. And there are other serious issues (a psychological examination, for instance) which the court might consider at arraignment;
Second, you may have reasons for wanting to resolve your case quickly. You may live far away. Return trips to Cape Cod may be very inconvenient and expensive. Or, if your driver's license has been suspended in connection with an arrest for Operating Under the Influence (OUI) of Alcohol or drugs, the length of the suspension might be held to a minimum by an early resolution of the case. After the plea of “not guilty” is entered, it may be possible to resolve the case that same day and avoid a return to court. If you hope to do this, it would be best to have a criminal lawyer with you.
If you are confident that bail or other serious matters will not be at issue, and if you have no pressing reason of your own to resolve your case on the day of arraignment, you do not really need your defense lawyer to be present in the District Court. Just plead “not guilty.” The court will give you a date, roughly three or four weeks later (if you request an earlier or later date, the court will likely grant your request), when you must return to court for “Pre-trial”. Before you leave the courthouse, be sure to get a copy of the Complaint and the police report. You can then get advice from a criminal lawyer at any time before that Pre-trial day.
But if you are being arraigned in the Superior Court, it is a very good idea to consult a criminal lawyer beforehand and to have that defense lawyer appear with you.
Copyright 2014
Russell J. Redgate