If you have been arrested for a crime in Anderson, Indiana, or anywhere in Madison County, you are probably feeling unsure about what happens at arraignment. The thought of appearing before a judge can be intimidating, especially if you have no prior criminal record.
Although it can feel overwhelming, an arraignment is, in reality, the first step in the criminal justice system. This article explains the Indiana arraignment process, what to expect, and your legal rights moving forward.
What Is an Arraignment and When Does It Happen?
In Indiana, an arraignment is officially known as the initial hearing and is governed by Indiana Code § 35-33-7. At this initial appearance, you will appear before a judge after being arrested or receiving a criminal summons.
During the proceeding, the court will formally read the charges against you, and you will be asked to enter a plea. Because the arraignment is simply a procedural step that must occur, no evidence is presented, no witnesses testify, and no determination of guilt is made.
If you are arrested and held in jail, Indiana Code § 35-33-7-1 requires that you be given an initial hearing within 48 hours of your arrest, excluding weekends and holidays. If you were released on your own recognizance or posted bond, your arraignment date must generally occur within 20 calendar days of your arrest, or 10 days for an OWI charge.
What Happens During an Arraignment in Indiana?
After the judge or clerk formally reads the charges, you will receive a written copy of the charging document, and the judge will ask whether you understand each charge and its potential penalties. Other steps include:
Advisement of Rights
After the charges against you have been read, the judge will inform you of your other constitutional rights, which include:
- The right to request a jury trial.
- Your Fifth Amendment right to remain silent.
- The right to question witnesses who testify against you.
- The right to present evidence and call witnesses on your behalf
Entering a Plea
After you have been advised of your rights, you will be asked to enter your plea. You have the option to enter one of two pleas:
- Not Guilty: Pleading not guilty preserves your rights and allows your attorney to review the evidence and build a solid defense case.
- Guilty: If you plead guilty, you are admitting to the charges. The judge will then ensure that you understand the consequences of entering a guilty plea. Depending on the circumstances, your sentencing may occur during arraignment or be scheduled for a later date.
It is worth emphasizing that it is best to plead not guilty at your arraignment. Pleading not guilty gives your attorney ample time to review the evidence the state has against you. Investigate the case and negotiate with the prosecutor.
Bail / Bond Discussion
If you are being held in jail, the next part of the arraignment will address bail. Under Indiana Criminal Rule 26, the judge may set, modify, or revoke bail based on the facts of the case. The judge assesses several factors, including the severity of the charges, whether you are a danger to the public, your prior criminal history, whether you are a flight risk, and ties to the community.
Setting Future Court Dates
The last step in an arraignment occurs when the judge schedules your next court dates. Future court dates include those for pre-trial conference, discovery deadline, and trial date. The judge overseeing your arraignment is obligated under Indiana Criminal Rule 4(C)
to set a speedy trial deadline.
Your Rights at Arraignment and the Role of Your Attorney
Although the arraignment process can feel intimidating, it is important to remember that you have legal rights. You have the right to an attorney. If you cannot afford to hire one, you must tell the judge, and a public defender will be appointed for you. In Madison County, the Public Defender’s Office provides legal representation for those who lack the financial means to hire a lawyer.
Other rights include:
- The right to a speedy trial (IC 35-36-4, Criminal Rule 4)
- The right to be free from excessive bail (Indiana Constitution, Article 1, Section 17)
- The right to receive a clear explanation of the charges
- The right to an interpreter if English is not your primary language
While there is no Indiana law requiring you to have an attorney present at your arraignment, it is in your best interests to do so. Your attorney will advise you on how to plead, argue for a reduction in your bail, and quickly identify procedural errors that could affect your case. If you lack legal representation, you may accidentally waive important rights that could negatively impact your case.
What Happens After an Arraignment in Indiana?
Once your arraignment is over, several other necessary steps in the criminal process will take place. One of the most critical is the discovery phase, where the prosecution and your defense attorney exchange evidence.
Some of the future court events that will occur include:
- Pretrial Conferences: Meetings between the prosecutor, your attorney, and the judge that discuss the status of the case and possible plea negotiations.
- Motion Hearings: Your lawyer can file motions to exclude evidence, challenge law-enforcement actions, or request dismissal of charges.
- Plea Negotiations: Most criminal charges are resolved through negotiations between defense attorneys and prosecutors without the need to go to trial.
- Trial: If a plea deal cannot be reached, the case will proceed to trial.
- Sentencing: If convicted, a sentencing hearing is scheduled, during which the judge hands down penalties.
Arraignment in Madison County, Indiana — What to Know
Madison County courts hold arraignments at the Madison County Government Center. You should arrive at least 15 to 30 minutes before your scheduled time and dress appropriately. Business casual is recommended. Remember that weapons are prohibited, and you will be required to submit to courthouse security screenings. If you miss your arraignment, the judge will issue a bench warrant for your arrest.
Zaki Ali, Trial Lawyers, represents clients at arraignments and throughout the entirety of cases in Madison County courts. Contact 833-ZAKI-ALI (1-833-925-4254) today to schedule a consultation.
