Arraignment is a legal proceeding in which a defendant is formally charged with a crime and informed of the charges against them. The arraignment is usually the first appearance of the accused before a judge or magistrate. During the arraignment, the defendant is informed of their rights, including the right to an attorney, and is asked to enter a plea. The plea can be guilty, not guilty, or nolo contendere (no contest) . The judge may also set bail or decide whether the defendant should be held in custody until the trial. The wording of the arraignment varies from jurisdiction to jurisdiction, but it generally includes the following elements:
- The accused person is addressed by name.
- The charge against the accused person is read, including the alleged date, time, and place of offense (and sometimes the names of the states witnesses and the range of punishment for the charge(s)).
- The accused person is asked formally to enter a plea.
In Virginia, the arraignment is a very simple process governed by statute. The judge is required to notify the person of the charges against them, the penalties they are facing, the trial date or preliminary hearing date, and their right to an attorney. Judges in Virginia never consider releasing a person held without bond, or on a bond the person can make, at an arraignment. In many Virginia Circuit Courts, the term arraignment is used in the more formal sense to describe the stage of a criminal case at which the accused is formally advised of the charge and asked to enter either a guilty or not guilty plea.