Arraignment - Courtroom proceedings

The Arraignment Process

The arraignment process is the opening phase of a judicial case. It is the first court hearing following an arrest. It is the judicial appearance where the defendant enters a plea. An accused person may enter a guilty, no contest, or not guilty statement. If the offender enters a guilty plea, he or she may do so either with or without legal representation. The defendant receives a written allegation outlining the specifics of their involvement in the offense. (Bellia, 950). The allegation may be made by a police officer, prosecutor, or grand jury. In the event that the defendant enters a plea of not guilty, a trial date is established. Bail or detention

Bail or Detention

At this stage, either bail is set, or detainment is required for the defendant. Bail is considered to be vital since it assures trial appearance by the accused and also ensures no absconding to corrupt the legal process. Bail ranges from the defendant being in his or her honor to attend the next hearing. If bail is paid for, the defendant is released on condition to appear at the next court hearing (Bellia, 971). Otherwise, bail will be forfeited.

Second Arraignment

Two weeks after the accused is ‘held to answer,’ he makes a court appearance in the Superior Court at the trial level. The second arraignment is similar to the first arraignment. The accused does not have to be physically present during the second arraignment. If the accused consents, a video conferencing may be used to arraign the accused.

Preliminary/Pretrial Hearing and Motions

A motion is an appeal to the judge asking for a ruling order on a lawful issue. In the preliminary hearing, the judge states whether the accused should be held for trial. At this stage, the prosecution provides enough evidence to the judge to show that the accused committed the stated crime. The pretrial hearing resolves unique issues, and it is usually a relevant time to try to ’plea bargain’ or settle the case.

Jury Trial

During the trial stage, an opening statement is issued, the evidence is presented by both the defense and prosecution and witnesses are called before a twelve-member jury and a judge (Bellia, 1009). A closing statement is issued giving the jury its instructions. A verdict is returned after examination of evidence by the jury. The verdict can either be guilty, not guilty or guilty of a lesser-included or related offense. By the state law, the judge then interprets the verdict which will be used for sentencing. Following issuance of the judgment the accused may try a post-trial motion.

Sentencing

During sentencing is done when the accused has pleaded guilty or has been declared guilty by trial. Imposition of the sentence is determined by setting a hearing. Compounding and mitigating factors are set forth by sentencing reports. Mitigating factors may include earlier payment of restitution while compounding factors may include other crimes convictions. Both compounding and mitigating factors are usually presented to the judge who then gives judgment at a sentencing hearing. Sentencing councils or juries may render the sentence. It depends on the jurisdiction.

Fine/Probation/Jail

In this stage, the accused may be needed to pay a fine. He or she can be released but under specified conditions of probation or sent straight to jail. If the defendant fails to abide by the given terms and conditions of his or her probation, he or she may render the probation withdrawn and be referred to jail.

Appeal

At this stage, following crime conviction, the accused has defined proceedings which may be accessible to show whether all the procedural law and substantive issues have followed a clear legal procedure and were well conducted at the trial. An appeal reviews law application by the trial courts. The court of appeals reverses the decision if an error is found leading to the trial court’s decision. Oral argument may be granted to the respective lawyers after submitting briefs to the court. There is a limited chance for further appeals when the court of appeal has already made its decision.

Work cited

Bellia, Anthony J. “Federal Regulation of State Court Procedures.” The Yale Law Journal 110.6 (2001): 947-1001.