Also known as: arraign · arraigns · arraigned · arraigning · arraignments
Written by attorneys · grounded in primary & secondary sources — see below
A court proceeding at which a defendant is brought before the trial court, informed of the charges in an indictment or information, provided a copy of the charging document, and asked to enter a plea of guilty, not guilty, or nolo contendere.
Alan Ackerman was indicted on federal fraud charges and appeared for arraignment without an attorney. The court proceeded to read the charges and accept his plea. Ackerman later challenged the proceeding on Sixth Amendment grounds because counsel was absent at this critical stage.
Antonio Alvarado faced state charges tied to a regulated business operation. At arraignment the court informed him of the indictment counts and recorded his not-guilty plea. The proceeding established the formal start of prosecution even though the underlying conduct involved property interests.
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Adrian Aguilar appeared at arraignment displaying signs of mental incapacity. The court read the charges and asked for a plea while noting the need for further evaluation. The arraignment record later supported arguments that competency should have been assessed before proceeding.
Ariana Azizi entered a not-guilty plea at arraignment after brief consultation with appointed counsel. She later claimed ineffective assistance because counsel failed to investigate key facts before the hearing. The arraignment transcript became central to evaluating whether performance fell below constitutional standards.
Andrew Avery was arraigned on high-profile charges amid intense media coverage. The court read the indictment and accepted his plea while a gag order remained in effect. The arraignment itself became part of the record used to assess whether publicity threatened a fair trial.
Anthony Arnold pleaded not guilty at arraignment and invoked his right to counsel. Officers later approached him in custody without counsel present to discuss related matters. The timing after arraignment triggered analysis of whether any statements could be used at trial.
The court ensures the defendant has a copy of the indictment or information, reads or states the substance of the charges, and asks the defendant to enter a plea. The proceeding is conducted in open court and marks the formal start of prosecution after indictment or information.
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Yes when the proceeding qualifies as a critical stage under the Sixth Amendment. The right attaches because the defendant must decide whether to plead and may waive important protections at that hearing.
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Yes under Federal Rule of Criminal Procedure 10(b) if the defendant consents and the court permits video teleconferencing under Rule 10(c). The waiver must be knowing and the proceeding must still satisfy the core requirements of notice and plea.
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The court may set a deadline at the arraignment or shortly afterward under Rule 12(c)(1). If no deadline is set, motions are due at the start of trial. A defendant may also request notice of government evidence at or soon after arraignment under Rule 12(b)(4)(B).
Supporting sources
…of evidence on both sides, id., at 175 . [^maj-22]: Of particular relevance is the ALI's drafting of a Model Code of Pre-Arraignment Procedure, now in its first tentative draft. While the ABA and National Commission studies have wider scope, the former is lending its advice to the ALI project and the executive director…