Arraignment on the Indictment

Criminal Procedure: Pretrial Events Arraignment on the Indictment or Information

Introduction to Arraignment on the Indictment

At the arraignment, which takes place in the court in which the defendant will be tried, the indictment or information is read. The defendant is called upon to answer the charge by pleading not guilty, guilty, or nolo contendere (no contest). Before pleading, the defendant may file a formal document, known as a motion, asking the court to dismiss the case. A judge can dismiss the charges if, for example, he or she concludes that the grand jury was not properly assembled or determines that the conduct charged does not constitute a crime. If the defendant does not make such motion or if the court denies the motion, the defendant must enter a plea.

If the defendant pleads guilty, there is no trial and the case is set for sentencing. With the court’s permission, the defendant may be allowed to plead nolo contendere. This plea has the same consequences as entering a guilty plea, but it does not require the defendant to admit guilt. A plea of nolo contendere can be especially important if a person charged with a crime also faces a civil lawsuit stemming from the same event. If the defendant pleads guilty to the criminal charge, the plea can be used against the defendant in a civil lawsuit. If the defendant refuses to enter a plea, a not guilty plea is entered. Some states have added a special plea of not guilty by reason of insanity (see Criminal Law: Defenses). If the defendant pleads not guilty, the case is set for trial.” (1)

Resources

Notes and References

• Information about Arraignment on the Indictment in the Encarta Online Encyclopedia

Guide to Arraignment on the Indictment

In this Section

Pretrial Events, Investigation and Arrest, Pretrial Events Booking, First Judicial Appearance, Bail, Preliminary Hearing, Arraignment on the Indictment and Preparation for Trial.