Arraignment and Pleas

Question 1

Can a defendant who pleads guilty and is never informed of his right to counsel move for a new trial?

Answer 1

The arraignment is held in open court in front of a judge and it is the proceeding where the charges are read to the defendant unless formal reading is waived. The defendant may enter a plea of guilty or not guilty. If the defendant is not represented by counsel, the court must advise him of the right to counsel or the right to have court-appointed counsel if he is financially unable to obtain private counsel. However, although a court must advise the defendant of his right to counsel at arraignment, possible irregularities in the arraignment are waived by entering any plea to the charge, unless an objection is stated at that time.