An arraignment is held within ten days after the filing of an indictment or direct complaint, unless the defendant has not been arrested or has negotiated a plea agreement at the status conference. The arraignment hearing serves several purposes:
- The defendant is informed of the exact charge(s) against him/her.
- The defendant is advised that he/she should have an attorney and if he/she cannot afford an attorney, one will be provided at public expense.
- The defendant is asked to enter a plea to the charge(s).
- A pretrial conference and a trial date are set.
Defendants are entitled to a speedy trial (Rule 8; Arizona Rules of Criminal Procedure). If the defendant remains in custody, a trial date must be set
within 120 days from the initial appearance. Defendants released from custody on bail or on their own recognizance (OR) must receive a trial date within 150 days from initial appearance. In extraordinary circumstances, the trial may occur later than these time frames.
If the defendant intends to contest the charges presented at the preliminary hearing, the arraignment is known as a not guilty arraignment. If a defendant intends to plead guilty, the preliminary hearing is waived and a guilty arraignment is scheduled in Superior Court. The defendant can either plead "straight to the charges," or enter into a plea agreement. Upon accepting the plea, the Court will set a date for sentencing.
www.deseret.com
