A formal arraignment is a court proceeding in a criminal case where the defendant is officially informed of the charges against them and is given the opportunity to enter a plea. This hearing typically occurs after a preliminary hearing if the case is moving forward, often in felony cases. During the formal arraignment:
- The criminal information (details of the charges and potential penalties) is read to the defendant.
- The defendant is advised of their rights and the rules of the court.
- The defendant enters a plea, which can be guilty, not guilty, no contest, or they may remain silent (which may be treated as a guilty plea).
- The court may set future dates for pretrial conferences or motions.
The formal arraignment is more of a formality compared to earlier hearings like the preliminary arraignment, which sets bail and addresses initial custody matters. If the defendant has legal counsel, especially a private attorney, the formal arraignment hearing may sometimes be waived. It does not involve testimony or the presentation of evidence; those come later during the trial and discovery process. In summary, the formal arraignment serves to formally notify the defendant of the charges and to record their plea as part of the criminal justice process. It often happens weeks after arrest and preliminary hearings, marking the next procedural step toward trial or case resolution. This definition aligns with the practices described in multiple jurisdictions, including Philadelphia and Pennsylvania courts.
