9.6 The Arraignment

• Library: Defending Criminal Cases in Virginia (Virginia CLE) (2018 Ed.)

9.6 THE ARRAIGNMENT

9.601 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. ³³⁹ At least for some purposes, the arraignment signals the commencement of the trial. ³⁴⁰

[Page 480]

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. ³⁴¹

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. ³⁴²

9.602 Procedure. Arraignment of the accused with a codefendant is not error. ³⁴³ There is no requirement that the charge be read to the accused when he or she has already received and studied it. ³⁴⁴ Conversely, there is no requirement to furnish the accused with a copy of the...