After an arrest, you may first appear in court at an arraignment. Going to court can seem overwhelming, especially when facing criminal charges for the first time or if the police did not release you after your booking. Understanding what to expect at an arraignment in New Jersey can help ease the anxiety and stress of facing the criminal justice system.
What Is an Arraignment?
An arraignment hearing is typically a defendant’s first appearance before the trial court for criminal charges. This formal court proceeding comes after a grand jury issues a criminal indictment. However, criminal defendants may appear in court before their arraignment if they get arrested by the police before a grand jury indictment. For example, if a police officer arrests a suspect for an indictable offense, they will attend a first appearance hearing. During this appearance, the trial court will decide whether to release or detain them until the resolution of their charges.
How Soon After I Am Indicted Should the Arraignment Take Place?
In New Jersey, arraignments typically occur two weeks after a grand jury issues a criminal indictment or the indictment gets unsealed. However, either party may request a continuance, such as when you want to hire legal counsel or continue plea negotiations.
What Happens at an Arraignment in New Jersey?
At an arraignment, the trial judge will read the charges against you. They will also advise you of your rights as a criminal defendant, including the right to legal counsel. The judge will ask if you have hired private legal counsel or want the court to appoint an attorney for you.
The judge will also ask the prosecution whether they intend to proceed with the case or wish to drop your charges. If the prosecutor proceeds with the case, the trial judge will ask you for your plea. You can plead guilty or not guilty. If you plead guilty, the trial court will schedule a sentencing date. If you plead not guilty, the judge will establish a case management schedule.
Who Can Attend the Arraignment?
Arraignment hearings typically handle multiple cases. The courtroom can seem chaotic during an arraignment as the court processes one criminal case after another. As these are public hearings, anyone can attend an arraignment. The alleged victims and their families may sometimes attend. However, victims and members of the public must sit in the gallery – an area of the courtroom separated from where prosecutors, defendants, witnesses, court staff, and the judge sit.
What Are the Arraignment Plea Types and Their Requirements?
At an arraignment, a defendant will enter a plea to each of the charges filed against them. A defendant may enter three types of pleas:
- Guilty – A guilty plea means that a defendant admits their guilt for the offense. A defendant who pleads guilty may have to appear at a hearing where they admit to all the facts alleged by the state and to committing each element of the charged offense.
- Nolo Contendere (No Contest) – A plea of nolo contendere means that a defendant accepts a conviction and criminal penalty but does not admit or deny guilt for the charged offense. A plea of no contest means a defendant can continue to assert their innocence.
- Not Guilty – A not guilty plea means a defendant denies guilt for the charged offense. This plea requires the prosecution to prove beyond a reasonable doubt that the defendant committed each element of the offense.
What Is the Written Statement Option?
A criminal defendant with legal representation who wishes to plead not guilty can submit a written statement instead of appearing in person for an arraignment. The written statement must confirm that you received a copy of the criminal complaint or indictment, understand the nature of the charges against you, and wish to plead not guilty to each charge.
What Is a Conditional Plea?
A conditional plea is a type of guilty plea where you agree to plead guilty but reserve the right to appeal one or more decisions the trial court makes before your plea. If you succeed in your appeal, you might get the court’s approval to withdraw your guilty plea and proceed with prosecution.
Am I Required to Enter a Plea?
All defendants must plead to each of their charges at the arraignment.
What Happens If I Refuse to Enter a Plea?
When you refuse to enter a plea or remain silent at the arraignment, the trial court will enter a plea of not guilty on your behalf. If you refuse to enter a plea by failing to appear at your arraignment, the trial judge may issue a bench warrant requiring police to arrest you and take you to the court for the arraignment. Failure to appear at an arraignment is also its own criminal offense.
Is It Possible to Withdraw a Plea?
When you plead not guilty at an arraignment, you can withdraw your not guilty plea and enter a guilty plea at any time before the jury’s verdict. Defendants may withdraw not guilty pleas and plead guilty after negotiating a plea deal with the prosecution.
However, once you plead guilty, the law limits your ability to withdraw that plea and plead not guilty. In most cases, you must file a motion to withdraw your guilty plea before the sentencing hearing. However, the trial court can choose to grant a motion to withdraw a guilty plea after sentencing if permitting the conviction and sentence to stand would be a manifest injustice.
Can a Plea Be Entered by Mail or Electronically?
New Jersey allows defendants to enter a plea by submitting a form via mail or online for certain traffic and parking offenses or municipal court non-traffic offenses. Defendants cannot plead by mail or electronically when:
- The case involves domestic violence
- The case involves a mandatory term of incarceration
- The prosecution intends to seek a custodial term following a conviction
- The perpetrator’s identity is at issue
- The case involves traffic violations resulting in personal injuries
- The case concerns an offense that results in a mandatory license suspension
- Excusing the case would not be in the interest of justice
The plea by mail form has sections for defendants to plead not guilty or guilty. When a defendant pleads not guilty, they can include information they want the municipal court judge to consider in their defense. The municipal court judge will also conduct a hearing to hear testimony from the complainant and other witnesses and review any other evidence. A defendant who pleads guilty by mail can submit any information they want the municipal judge to consider when determining what penalty or sentence to impose.
A motorist can also plead guilty to a traffic ticket via mail or online by paying the fine listed on the ticket unless it indicates that a court appearance is required.
What Duties Does the Judge Have During the Arraignment Process in Court?
During an arraignment, the trial judge must perform several duties:
- Reading the charges in the indictment by describing each element of every charged offense
- Advising the defendant of their rights, including the right to remain silent and the right to legal counsel
- Inquiring whether the defendant has legal counsel, wishes to obtain counsel or represent themselves, or needs the court to appoint a public defender
- Asking the defendant for a plea for each charge
- If the defendant pleads guilty, asking them about their citizenship status, and for non-citizens, asking whether the defendant wants to or has already consulted with an immigration lawyer concerning the immigration consequences of their plea
Finally, the trial judge will decide whether to detain the defendant, continue the defendant’s detention pending trial, or release the defendant on pretrial monitoring. Factors judges consider when deciding whether to detain a defendant include:
- The severity of the charges
- Whether the defendant poses a risk to the victim(s) or other members of the public
- Whether the defendant has family and community ties
- Whether the defendant poses a risk of fleeing the jurisdiction or failing to appear for future court hearings
- The defendant’s criminal record
What Happens After the Pleas Have Been Entered?
After a guilty or nolo contendere plea, the trial judge will either immediately proceed to a sentencing hearing or, for more severe charges, schedule a separate sentencing hearing. However, when a defendant pleads not guilty, the trial court will issue a case schedule setting deadlines for discovery and motions and scheduling one or more pretrial hearings.
Contact a New Jersey Criminal Defense Lawyer
After an arrest or indictment, you need knowledgeable and experienced legal help to protect your rights at an arraignment. Contact the Law Office of Jason A. Volet today for a free, confidential consultation with an experienced New Jersey criminal defense attorney to discuss your case and learn what to expect from the legal process.
