An arraignment hearing is when charges are read to a defendant and they can object to them. It may result in a sentence or trial date, and bail conditions may be set. A trial hearing is important and failure to attend may result in fines. Defendants have the right to know the charges against them and can have an attorney present. They must present a plea, and the type of offense and plea greatly influence the next steps. Bail may be granted or denied depending on the circumstances.
An arraignment hearing is the formal reading of charges to a person accused of a crime. In most cases, it also gives the defendant the opportunity to file an objection to the charges. Depending on the reason, the hearing will usually result in a sentence for the crime committed or the setting of dates for a criminal trial. In some cases, it also involves the setting of bail conditions.
A trial hearing is a key part of the judicial process in many legal systems, including those in the US, UK and Australia. Failure to attend a charge may result in fines, additional fees, and a denial of bail. If a person is arrested and held in prison, they usually have the right to a speedy hearing.
In many legal systems, a defendant has the right to know the exact charges against him or her. In an arraignment hearing, the judge or court clerk reads these allegations to the defendant and asks if he understands them. Generally, the defendant will know the charges beforehand, but the hearing serves as a formal record of the charges. A defendant may choose to have an attorney with him for this reading; usually a prosecutor is also present.
In most criminal cases, the defendant must present a plea for the charges read in a trial. An important exception to this practice is in the United States Federal Court, where there are separate hearings for the indictment and for the defendant’s defense. In a typical charge, however, the usually accepted grounds are “guilty,” “no dispute,” or “not guilty.” Pleading “no contest” generally has the same legal effect as pleading guilty, although the term actually means that the defendant does not admit guilt but does not want to fight the charges.
The type of offense and the reason entered will greatly influence the next steps in an indictment hearing. If a defendant pleads guilty or fails to plea and the offense is a misdemeanor, such as a traffic offense, the judge may automatically enter a sentence. If the offense is more serious, such as a felony of assault or murder, the judge will set a date for an evidentiary hearing to determine the appropriate sentence. If a person pleads not guilty, the judge will set a date for a formal trial to determine guilt or innocence.
Another issue that can be added to a charge hearing is the conditions for release until a trial can be held. Depending on the reason and the crime, the judge may grant the defendant bail until the date of the trial. If the defendant is a repeat offender, has a history of violent crime, or is believed to pose a significant flight risk, the judge may choose to deny bail and keep him or her in custody until trial.
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