Arraignment. Arraignment shall be conducted in open court and shall consist of reading the indictment or information to the defendant or stating to the defendant the substance of the charge and call- ing on the defendant to plead thereto. The de- fendant shall be given a copy of the indictment or information before being called upon to plead. (As amended Mar. 9, 1987, eff. Aug. 1, 1987.) Notes of Advisory Committee on Rules—1944
Arraignment. 1. Prepares for hearing (notes in file) ☐ Yes ☐ No ☐ N/A
Arraignment. An individual accused of a criminal offense has the constitutional and statutory right to be notified of the charges against him/her. Arraignment is the stage of the criminal process at which the accused is formally notified of the charges against him/her as they will be prosecuted in the circuit court. Pursuant to Va. Code § 19.2-254, arraignment must be conducted in open court, preferably outside the presence of a jury, and should accomplish the following: ‒ Identify the accused; ‒ Apprise the accused of the charges against him/her; and ‒ Xxxxxxxxx the accused’s plea to the charges. Technically, arraignment ends upon the entry of a plea by the accused. Although bail and right to counsel determinations have been made prior to arraignment, the arraignment hearing provides an opportunity to reevaluate such determinations. Waiver of trial by jury may be made during arraignment. In some circuit courts, the accused is arraigned as soon as possible after indictment. In others, arraignment may take place any time prior to or on the day of the trial. Some courts prefer to conduct all arraignments for the term on one day (often referred to as “arraignment day” or “plea day”). The accused will have been notified to appear if he/she was released on bail, or he/she will have been brought to court by the sheriff if incarcerated. Arraignment usually occurs only after the defendant is represented by counsel and has had an opportunity to consult with his/her attorney, since the defendant’s plea will affect his/her rights. Arraignment may proceed without the defendant being represented by counsel where ‒ the defendant has waived his/her right to counsel; ‒ the defendant has refused to request or waive counsel; or ‒ in misdemeanor cases in which the judge has stated in writing that no jail sentence will be imposed. Where the defendant has retained his/her own attorney or continues to be represented by counsel appointed at his/her district court hearing, arraignment may likewise proceed. An accused may waive his/her right to arraignment under certain conditions. If the accused is charged with a felony, he/she must be present in person to waive arraignment. His/her attorney cannot waive arraignment for him/her. If the accused PRE-TRIAL PAGE 4-37 is charged with a misdemeanor, arraignment can be waived by the accused or his/her attorney, or by the accused’s failure to appear.
Arraignment. 1. Prepares for hearing (notes in file) ☐ Yes ☐ No ☐ N/A 2. Familiar with competency and criminal responsibility law ☐ Yes ☐ No ☐ N/A 3. Protects client from identification advantageous to prosecution ☐ Yes ☐ No ☐ N/A 4. Persuasive advocacy at bail hearing ☐ Yes ☐ No ☐ N/A 5. Protects right to bail appeal ☐ Yes ☐ No ☐ N/A 6. Promptly obtains police reports and court documents ☐ Yes ☐ No ☐ N/A Files Bail Appeal whenever client is held on bail, and follows through to Superior Court for Bail Review Hearing. Files motions, where appropriate, i.e., Motion to Preserve Evidence, Get Release of Records signed by client and parent/guardian (to obtain school records, mental health records, etc.)
