ABSTRACT

The first appearance of an accused individual either in court or before a judge is typically in an arraignment, a hearing where the defendant is officially notified of the criminal charges filed by the prosecution. At an arraignment, the defendant is advised of his or her constitutional rights and given the opportunity to make some very important choices. The judge may read these rights orally to the defendant or may give the accused a written form that delineates these rights. For some first-time offenses, such as drug possession in small amounts for personal use, the accused should determine if there are drug diversion programs available to attend before entering a guilty plea at an arraignment. If these programs are available in the area where the legal proceedings take place, the court can order that the accused attend and receive counseling instead of being fined or incarcerated.