What is an arraignment in Alabama?

An Alabama arraignment is your first court appearance after being charged with a crime. At an arraignment, you will be told what charges you are facing and you will find out what amount your bail has been set at if you are eligible for it. In cases where the charges include felony charges, you will be informed of your right to request a preliminary hearing.

At an arraignment hearing, a judge will read the criminal charges against the accused (now called the "defendant"), and ask the defendant whether they understand the charges (regardless of whether they agree with them). The defendant will be asked if they have an attorney. If they do not, the court can appoint them a lawyer. Either way, the judge will be sure to inform the defendant of important trial rights before proceeding.

Next the defendant will be asked how they plead to the charges. There are three options: guilty, not guilty, or not guilty by reason of mental disease or defect.

The judge will then make a decision or will review the decision about bail. The defendant may be released on their own recognizance or may be told to post a certain amount of bail.

Finally, the judge will announce the court dates for the preliminary hearing, pre-trial motions, and trial.

The arraignment is a formal process designed to ensure the protection of the defendant's rights. It is often the first time that a defendant sees a judge in their case, and sometimes that can lead to confusion. A defendant should never try to argue the facts of the case or present evidence during the arraignment. The judge is not allowed to consider any evidence of guilt or innocence at this hearing, but statements made by defendants at arraignment might be incriminating and used against them later.

What is a waiver of arraignment in Alabama?

A Defendant cannot be tried for a felony offense until he has been arraigned in open court. There is an exception to this rule. An arraignment need not be held in any case where a defendant represented by counsel has filed with the court a written waiver of

arraignment. In this form, the Defendant says whether their plea of not guilty, not guilty by reason of mental disease or defect, or not guilty and not guilty by reason of mental disease or defect. This is signed by the defendant and counsel, stating the age and birth date of the defendant, and acknowledging receipt by the defendant of a copy of the charge against him, with a copy of his plea and waiver of arraignment served on the prosecutor by the defense counsel. If the defendant is eligible for consideration by the court to be tried as a youthful offender, the court shall not accept a written plea of not guilty.