9.10 The Arraignment

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

9.10 THE ARRAIGNMENT

9.1001 Scope.

A. In General. The arraignment is a common-law proceeding held in open court and has three steps: (i) the identification of the accused as the person charged; (ii) the reading of the charges in full; and (iii) the inquiry as to how the accused pleads. ⁴⁹⁴ At least for some purposes, the arraignment signals the commencement of the trial. ⁴⁹⁵

B. Felonies. In a felony case, arraignment is not necessary when it is waived by the accused. Arraignment can only be waived by the accused personally and not by his or her counsel or by his or her failure to appear. ⁴⁹⁶

C. Misdemeanors. An arraignment is required for a misdemeanor case unless waived by the accused or his or her counsel or by the failure of the accused to appear. ⁴⁹⁷

9.1002 Procedure. Arraignment of the accused with a codefendant is not error. ⁴⁹⁸ There is no requirement that the charge be read to the accused when he or she has already received and studied it. ⁴⁹⁹ Conversely, there is no requirement to furnish the accused with a copy of the charge at the arraignment when each count of the charge is read and explained to him or her. ⁵⁰⁰ Procedural errors at the arraignment not prejudicial to the accused are not grounds for reversal. ⁵⁰¹ The time of arraignment in Virginia varies from court to court. In some courts, the accused is arraigned as soon as possible after indictment. In others, formal arraignment takes place the day of the actual trial, in the presence of the jury. For purposes of statutory speedy trial, the trial is not considered to start at the time of arraignment. ⁵⁰²

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Notes:

^[494] Va. Code § 19.2-254; Sutton v. Commonwealth, 85 Va. 128, 7 S.E. 323 (1888).

^[495] See Durham v. Commonwealth, 208 Va. 415, 158 S.E.2d 135 (1967).

^[496] Va. Code § 19.2-254.

^[497] Id.

^[498] Whitehead v. Commonwealth, 60 Va. (19 Gratt.) 640 (1870).

^[499] Gundlach v. United States, 262 F.2d 72 (4th Cir. 1958).

^[500] Richardson v. United States, 217 F.2d 696 (8th Cir. 1954).

^[501] Garland v. Washington, 232 U.S. 642 (1914).

^[502] Hutchins v. Commonwealth, 30 Va. App. 574, 518 S.E.2d 838 (1999), rev'd on other grounds, 260 Va. 293, 533 S.E.2d 622 (2000).