In Arizona criminal cases, the arraignment is the initial court appearance where the defendant is notified of the charges that have been filed. It is also where they will state whether they are pleading guilty, not-guilty, or no contest to the charges. The court will also set a trial date, and may set the defendant’s bail or terms of release.
1. What is the arraignment hearing in Arizona?
The arraignment hearing is where the defendant is formally told of the criminal charges against them. The defendant will then enter a plea. It is a quick but formal and important part of the criminal proceedings.
The defendant is generally required to be at the arraignment.[1]
At the arraignment, the court will:
- enter the defendant’s plea of not guilty, guilty, or no contest,
- set the date for the trial or a pretrial conference,
- provide written notice of the dates and deadlines for other court proceedings,
- warn the defendant that not appearing at a future court date could lead to a criminal charge for failure to appear and an arrest warrant,
- notify the defendant that, while the defendant has a right to be present, all court proceedings may still go on if the defendant is absent, except for sentencing,
- appoint a lawyer for the defendant, if necessary, and
- order the defendant to be fingerprinted within 20 days if it has not been done, already, if the defendant has been charged with a felony case, a sex offense, domestic violence, or driving under the influence (DUI).[2]
The defendant is also told of his or her right to:
- an attorney, including a court-appointed attorney or public defender,
- a jury trial,
- be present at all of the court hearings, and
- appeal the results of the case, unless the defendant’s absence from sentencing caused it to occur more than 90 days after the conviction.[3]
The court may also use the arraignment hearing to determine the defendant’s bail or the terms of the defendant’s pre-trial release, if:
- the arraignment has been combined with the initial appearance,
- one party has filed a motion to consider these issues at least 5 days before, or
- both sides agree to the determination.[4]
For cases that are heard by Arizona’s justice courts or its city court systems, which hear most of the misdemeanor offenses in the state, the arraignment does not need to be held if:
- the criminal defense attorney has already entered a not guilty plea on the defendant’s behalf, or
- the court allows the defendant to plead not guilty by mail and receive a notice of the next court dates in the mail.[5]
2. When does it happen in the criminal process?
Arizona law usually requires the arraignment to happen within:
- 10 days after the indictment, information, or complaint, if the defendant is in custody or jail, or
- 30 days after the indictment, information, or complaint, if the defendant is not in custody.[6]
If this is not possible, like if the defendant has been arrested in another state and is in custody, there, then the Arizona arraignment has to be held as soon as possible.[7]
This means that the arraignment happens very early in the criminal case.
In many cases, the criminal justice process begins when a police officer makes an arrest. Within 24 hours of the arrest, the defendant has to be brought before a magistrate for an initial appearance. There, the magistrate will inform the defendant of the charges and of his or her rights, and will decide whether to release the defendant on bail or own recognizance or to hold the defendant in jail.
Depending on whether the defendant is being held in jail or not, the preliminary hearing has to happen either within 10 or 20 days. At this hearing, if the prosecutor can show that there is probable cause to believe that the defendant committed the crime, the case will be “bound over” to an Arizona superior court.
The first court appearance at the superior court is the arraignment.
However, many cases in Arizona begin not with an arrest but with a grand jury indictment. In these cases, the arraignment can be the defendant’s very first court appearance. In these cases, the arraignment is combined with the initial appearance.[8]
3. What is the difference between pleading guilty and no contest?
Pleading guilty to a criminal charge is an admission of guilt. Pleading no contest to the charge does not admit guilt.
For the criminal process, the difference between pleading guilty or pleading no contest at the arraignment is minimal. In both cases, the court will convict the defendant and will move straight to the sentencing portion of the process.
The different pleas, however, can make a big difference in a potential civil lawsuit stemming from the criminal offense. Because a guilty plea is an admission of guilt, it can be used by the victim if they later want to sue the defendant for compensation. If the defendant pleads no contest, instead, the victim would have the burden of proving that the defendant hurt them.
Example: Claus is driving while drunk when he crashes into Clarice. He is charged with DUI and he pleads no contest. If Clarice files a lawsuit against him, later on, she will have the burden of proving that he was at fault for the accident and her injuries. If Claus had pleaded guilty, instead, Clarice could use the conviction as proof that he was drunk and caused the crash.
Before deciding whether a no contest plea is best for their situation, a defendant should discuss their options with a criminal defense lawyer and get their legal advice. Most defendants will plead not guilty at the arraignment. This forces the prosecutor to gather evidence for the trial, where they will have to prove that the defendant is guilty beyond a reasonable doubt, all without infringing the defendant’s constitutional rights. Defendants who plead not guilty can change their plea later in the process, usually if they want to accept a plea agreement.
4. Can an arraignment be waived?
The arraignment can be waived by the defendant, if the defendant was present at an initial appearance.
To waive the arraignment, the defendant has to:
- file a written waiver at least 2 days before the date of the arraignment,
- sign the waiver with the defendant’s lawyer, and
- notarize the waiver.[9]
Within 20 days of the waived arraignment hearing, the defendant has to file a notarized affidavit stating that he or she is aware of the scheduled court dates and understands the repercussions of missing them.[10]
[1] Arizona Rules of Criminal Procedure 14.3.
[2] Arizona Rules of Criminal Procedure 14.4.
[3] Arizona Rules of Criminal Procedure 14.4.
[4] Arizona Rules of Criminal Procedure 14.4.
[5] Arizona Rules of Criminal Procedure 14.2(c).
[6] Arizona Rules of Criminal Procedure 14.2(a).
[7] Arizona Rules of Criminal Procedure 14.2(b).
[8] Arizona Rules of Criminal Procedure 14.2(e).
[9] Arizona Rules of Criminal Procedure 14.3(b).
[10] Arizona Rules of Criminal Procedure 14.3(b).