Criminal Law Questions? What is an Arraigment?

The law uses many terms that may not be widely understood by people not familiar with the law. One question that I was asked recent is; What is an arriagnment? This is a widely understood term by lawyers, but may not be as well known by people that dont spend as much time in court as I do. The following is a brief definition:

In Tennessee an arraignment is the formal reading to the accused of the charges alleged to have been commited by the accused. At this stage of the process an accused can enter an initial plea. There are three possible pleas that are most often used:  not guilty, guilty, no contest.

Following the entry of a plea the court will generally set a review date and/or a settlement date. If a person pleads guilty at the first appearance the Judge may pronouce sentence immediately.  In some cases, a plea of guilty may result in the judge pronouncing sentence immediately. 

You are generally required to attend the arriagnment. Should you fail to attend the arriagnment you may be faced with additional criminal charges, fines, and most likely an warrant for your arrest being issued by the court. 

If someone is being held in jail, without specific charges, he or she must be arraigned within a short time period, usually 24 to 48 hours of the initial arrest.

If someone is being held in jail for a specific charge they are also entitled to a timely arraignment proceeding to be formally charged.  Bail may be set following the arraignment, bail may be denied if the crime is of a serious and/or violent nature and/or the person may be released to return at a specific date.   It is important to remember that a release from custody and/or a determination of whether bail will be set or at what amount it will be set is within the discretion of the trial judge.

If you are facing a criminal charge in Tennessee, know your right! Always seek out the guidance and counsel of an experienced Tennessee Criminal Lawyer.