Federal Arraignment in New York City
Federal Arraignment In New York City
Federal Rule 10 provides:.
(a) In General. An arraignment must be conducted in open court and must consist of:
(1) ensuring that the defendant has a copy of the indictment or information;
(2) reading the indictment or information to the defendant or stating to the defendant the substance of the charge; and then
(3) asking the defendant to plead to the indictment or information.
(b) Waiving Appearance. A defendant need not be present for the arraignment if:
(1) the defendant has been charged by indictment or misdemeanor information;
(2) the defendant, in a written waiver signed by both the defendant and defense counsel, has waived appearance and has affirmed that the defendant received a copy of the indictment or information and that the plea is not guilty; and
(3) the court accepts the waiver.
(c) Video Teleconferencing. Video teleconferencing may be used to arraign a defendant if the defendant consents. [Adopted 1946; last amended 2002.]
Arraignment is the preliminary stage in a federal criminal proceeding. It is necessary for the court to obtain personal jurisdiction over the defendant.
At the arraignment, the court informs the defendant of the charges, provides the defendant with a copy of the charging document, and obtains the defendant's answer to those charges.
The Sixth Amendment affords a criminal defendant the assistance of counsel at the arraignment. Normally, the judge will ask the defendant whether a lawyer represents him or her and will appoint a lawyer if the defendant cannot afford one. The right to an attorney does not apply to petty offense charges. If the defendant is charged with a petty offense, the court will inform the defendant that he or she may retain counsel but does not have the right to appointed counsel.
The judge will ask the defendant to plead to the indictment or information. If the defendant refuses to enter a plea, the court will enter a not-guilty plea.
