Chapter 1 Arraignment Stage

• Jurisdiction: United States

Chapter 1 Arraignment Stage

A defendant is entitled to have a court inform him or her of the charges, his or her rights, and to enter a plea of guilty or not guilty.

Charging Document: Complaint, Information, or Indictment

How does a person become a "defendant" in a criminal court case? Generally, the defendant commits some sort of crime. A police agency investigates the criminal conduct and presents it to a prosecutors' office. Depending on the severity of the criminal conduct, a prosecutor files a "charging document" (a civil equivalent is called the "pleadings") that spells out the date, type, and level of the crime. This charging document can be called a "complaint," "information," or "indictment." The name of the charging document can give some indication whether the filed crime is an infraction, misdemeanor, or felony.

If a crime is an infraction, misdemeanor, or felony, the pleading document is known as a complaint. Cal. Penal Code §§859, 949. (Note, for juvenile crimes, the document is known as a "petition.") An infraction and misdemeanor may be initiated by the police directly filing a citation in a court. Cal. Penal Code §853.6. During the pendency of an infraction or misdemeanor case, the title to this charging document never changes. However, for a felony crime, after the court has conducted a preliminary hearing, the charging document changes to an information. If a prosecuting agency chooses to pursue a felony but the jurisdiction does not conduct preliminary hearings, or the prosecution chooses to avoid the preliminary hearing process, the case must go to a grand jury. If the grand jury finds there is enough evidence, it will issue an indictment.

Any charging document must state the following information:

• the defendant's name (plus any co-defendants) and date of birth;
• the date of the alleged offense(s);
• the crime(s) charged and whether an infraction, misdemeanor, or felony;
• any enhancements that attach to the crime(s);
• the location of the offense(s) (generally, the county where the offense occurred);
• any prior convictions that can be used to enhance punishment; and
• any special allegations that can be used to enhance punishment.

The Arraignment

Under the U.S. Constitution, the purpose of the arraignment proceeding is to inform the accused of the nature of the criminal charges pending against that person, inform the defendant of other legal rights, and have the defendant enter a plea of guilty or not guilty. Cal. Penal Code §988. If the defendant is not represented by counsel at the arraignment and the charge is a misdemeanor or felony, the defendant has a right to have counsel present. The defendant can hire a private attorney, have an attorney appointed by the court, or go by way of self-representation.

During the arraignment, a defendant has a right to have a copy of the accusatory pleading and to have the court read the accusatory pleading to the defendant. In addition, the court will advise the defendant of his or her rights: the right to an attorney (if not already present), the right to a jury trial, the right to cross-examine and confront witness, the right to present a defense to the charge(s), the right to remain silent, and the right to be heard on bail. Finally...