Arraignment in Context with Criminal Cases

1. Various Stages of Court: Criminal cases proceed in a varied sequence of stages. A criminal case begins with an indictment, which is a formal notification of charges. The defendant is then charged and detained.

2. Defendant is Notified About Charges: The defendant is taken before a court and notified of the charges, a process known as arraignment. Typically, the defendant attends the arraignment in person; however, if the punishment is a fine or imprisonment for less than a year, the defendant is not required to be present.

3. Held in Open Court: In the United States, the Federal Rules of Criminal Procedure require that an arraignment be held in open court when the defendant is given a copy of the indictment, reads it, and is asked to plead guilty or not guilty to the charges.

4. Defendant is Arrested: When a suspect is apprehended, he or she is often arraigned very soon. A defendant is normally held in jail for 48 to 72 hours before being arraigned; however, this might vary depending on state and federal courts. According to the Sixth Amendment of the United States Constitution, defendants are entitled to be “informed of the nature and cause of the accusation.” It is not, however, mandatory that the defendant be notified during the arraignment stage.

5. Request for Bail: The arraignment also gives the defendant the option to request bail. The court may permit the defendant to be freed on bail until the trial commences. Before granting bail, the court considers the defendant’s past, including their criminal record, to decide if they would constitute a major risk if freed. If the defendant is denied bail or is unable to post bail, they will remain in detention.