What is an Arraignment?
- Steven Topazio wrote this January 8, 2025 at 5:03 pm
An arraignment in Massachusetts is a formal court proceeding that occurs after a defendant has been charged with a crime. Arraignments are typically the first step in the criminal court process. During the arraignment, several important actions take place:
Key Features of an Arraignment
Reading of Charges: The court formally reads the charges against the defendant, providing clarity on what they are accused of.
Rights Advisory: The judge informs the defendant of their rights, including the right to an attorney, the right to remain silent, and the right to a trial.
Plea Entry: During the arraignment, the defendant is asked to enter a plea to the charges. (Common pleas during an arraignment include: Guilty | Not Guilty)
Bail Determination: The judge may consider bail at this stage during the arraignment. If the defendant is in custody, the judge will decide whether to release them on bail, modify the bail amount, or keep them in custody pending further proceedings. If the defendant is not in custody, the judge will decide whether to set a bail or to release the defendant on personal recognizance.
Scheduling Future Hearings: The court may schedule future hearings, such as pre-trial conferences or motions, and provide a timeline for the next steps in the legal process.
Importance of Arraignments
The arraignment is significant because it establishes the formal start of criminal proceedings, ensures that the defendant is aware of the charges and their rights, and sets the stage for future court dates. Defendants are encouraged to have legal representation during arraignments because your freedom is at stake because a judge can take away your freedom and hold you in custody after setting bail if they believe you are a danger or flight risk, which an attorney can argue against. A Criminal Defense attorney will also help you navigate arraignments and the legal process to help make informed decisions regarding your case.
Photograph courtesy of: Tingey