Criminal Arraignment
Criminal arraignment procedures and defendant’s rights
At an arraignment a person will be advised of the charges filed against them. The charge against you will be read from the citation or complaint. You will also be informed of the maximum penalty, which may be imposed upon conviction of charge for which you have been cited and the penalties for which you are at risk.
MAXIMUM PENALTIES FOR MISDEMEANOR CRIMES |
|---|
| Class A Misdemeanor: $6,250 fine and/or 1 year in jail |
| Class B Misdemeanor: $2,500 fine and/or 6 months in jail |
| Class C Misdemeanor: $1,250 fine and/or 30 days in jail |
| Contempt: $500.00 and/or 6 months in jail |
You have the right to remain silent at this arraignment. You have the right not to speak, and any statement you do make can be used against you. You have the right to be represented by an attorney. If you are in doubt as to how to proceed, the court recommends you consult an attorney. If you are charged with a crime and are unable to retain an attorney to represent you, upon providing proper proof to the court that you do not have sufficient assets, property or resources, the court may appoint an attorney to represent you. If convicted, the Court may order the cost of the attorney to be paid by you.
At a pretrial hearing (or second appearance) you will be asked to enter a plea. You may enter one of the three pleas listed below or no plea:
Guilty – You admit doing the act of which you were accused.
No Contest – You do not want to contest the charge against you, and you admit that there is a factual and legal basis for the charge.
Not Guilty – You deny doing the act of which you are accused.
If you do not enter a plea, the court shall enter a plea of Not Guilty on your behalf.
On a plea of Guilty or No Contest, you will be given an opportunity to be heard.
On a plea of Not Guilty, you will be scheduled for a new trial date.
At a Trial (or third appearance) you will be given a fair and impartial trial. The court will hear the evidence on both sides and a decision will be made as to your innocence or guilt. You have certain constitutional rights. You have the right to a jury trial on a criminal charge. You have the right to cross‐examine any witness, including the arresting officer. You have the right to testify or not to testify and the right to present witnesses on your behalf. You have the right to an attorney as discussed above.
If you cannot remit payment in full at the time of conviction and you need time to meet your total obligation you must advise the judge at the time of sentencing.
