[CJ] Chapter 11: Arraignment Flashcards
Arraignment
The first appearance before a judge is called an arraignment. It must be taken place within 24 hours, but is usually taken no longer than within 48 hours of arrest.
Under New York State law, the arraignment must take place within ____ hours of arrest.
24 hours!!
The arraignment, generally/usually take place within ____ hours of arrest.
48 hours!!
The 5 step arraignment process
1) The state must formally charged the defendant
2) The judge must ensure that the defendant understands the charges
3) The judge gives the defendant a copy of the written document of the state charges
4) The judge make sure the defendant understands his rights as a defendant; and
5) The judge appoint a lawyer for the defendant if he does not already have one
True or False?
At an arrangement the defendant answer the charges with a plead of guilty or not guilty.
True!
The defendant has the right to talk with an attorney before pleading.
Bail
Bail determines whether or not the defendant has to remain in jail to await trial.
What is the arraignment?
The initial court proceeding, where the state formally charges and defendant with a crime.
The rights in arraignment:
1) Right to counsel 2) Right to not be questioned before an attorney arrives
3) Right to have an attorney at arrangement
4) Right to consult with an attorney before entering plead