Posts Tagged ‘arraignment’

What is a Criminal Arraignment in Utah?

Clayton Simms, Criminal Defense Attorney, on the topic of  Legal Process
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The arraignment is the place where a Utah defendant, charged with a felony or a misdemeanor, is read the criminal charges against him or her.  The judge will ask the defendant to enter a plea of guilty, not guilty, no contest, or an Alford plea.

If a guilty plea is entered, the defendant will be scheduled for sentencing.  Note that some judges encourage defendants to plea not-guilty in order to meet with an attorney first.  A plea can always be changed after it is entered.  It is always helpful for a defendant to first consult with an experienced Utah criminal trial lawyer about his options.

If a not-guilty plea is entered, the defendant will be given a date for a pretrial conference and a trial date will be set.  If the defendant cannot afford an attorney to represent them, the judge will also assign the defendant a public defender.

If a no contest plea is entered, it has the same procedural effect as a guilty plea.  It simply means that the defendant is saying that the prosecutor will likely win at trial rather than admitting guilty.  Some judges will not accept this kind of plea.

If an Alford plea is entered, it means that the defendant wants to take advantage of a plea bargain offered by the prosecution but does not or cannot admit guilt.   Some judges will not approve of this kind of plea.

In all criminal cases it is important to hire the best Utah criminal attorney to guide you throughtout the process.