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Arraignment

An arraignment is the formal presentation of charges in open court. This proceeding may be called a preliminary hearing or by some other term particular to a state. During an arraignment, the charges are read to the defendant by a judge, and the defendant is asked to plead guilty or not guilty to the charges. The accused person’s attorney may be present, or an attorney appointed by the court may represent the defendant.

What happens at arraignment?

In most jurisdictions, your arraignment will be your first appearance in court whether or not you are in custody. At arraignment, your attorney will usually receive the police reports on your case and any additional evidence that the prosecutor has in his or her possession. Your attorney will also receive a formal complaint which states the charges that have been filed against you. It is important to note that the charges may be different than those for which you were arrested. While the police can arrest you for one pair of charges, the prosecutor's office may disagree and file a completely different set of charges if they feel the facts warrant.

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