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Arraignment
Definition:
Arrraignment is the first court hearing where a defendant formally appears before a judge and is read the charges against them. It is a procedural step in which the formal legal process begins.
Purpose:
- To inform the defendant of the charges: The prosecutor reads the charges to the defendant and explains the nature of the offenses.
- To determine if the defendant is a danger to the public or themselves: The judge may consider factors such as the defendant’s criminal history, their current state of mind, and their potential for flight.
- To set bail: The judge may set a bail amount to ensure that the defendant appears in court at all future hearings.
- To schedule the next hearing: The judge schedules the next hearing date and time.
- To provide the defendant with legal representation: The defendant has the right to an attorney, and the court may appoint one if they cannot afford one.
Procedure:
- Appearance: The defendant appears in court and is read the charges.
- Reading of the Charges: The prosecutor reads the charges aloud.
- Formal Entry of Plea: The defendant may plead guilty, not guilty, or no contest.
- Setting of Bail: The judge may set a bail amount or release the defendant on their own recognisance.
- Scheduling the Next Hearing: The judge schedules the next hearing date and time.
- Appearance Bond: If bail is set, the defendant may post an appearance bond or be remanded into custody.
Additional Notes:
- The arraignment hearing is typically held within a few days of the arrest.
- The defendant has the right to remain silent during the arraignment hearing.
- The defendant is not obligated to enter a plea at the arraignment hearing.
- The arraignment hearing is a formal court proceeding, and all participants are required to behave appropriately.
