If the defendant enters a plea of "not guilty" at the arraignment, the court system must schedule a trial or a pretrial, depending upon the type of charge. Definitions and terms used in criminal cases. That step is reserved for the preliminary hearing. What Is A Pre-Arraignment Hearing? The arraignment process will work the same for a felony, but there is an additional step of a preliminary hearing. The formal arraignment occurs 30 to 60 days after the preliminary hearing and is held in the Court of Common Pleas. This first appearance always takes place in the magistrate court. This process is the preliminary arraignment, and it is an important part of the criminal justice process. Preliminary hearings are conducted in front of a judge alone, without a jury. The judge (or another court official) will read the charges against you, and depending … The arraignment hearing is brief and to the point—of setting bail! In felony cases, the defendant must determine if he/she desires a preliminary hearing. The charges could be dropped at anytime after arraignment but before trial. Preliminary Arraignment. Committed: If you are … (Persons charged with only misdemeanors are not entitled to a preliminary hearing.) Arraignment: A formal court appearance where the accused person enters a plea of guilty or not guilty in the presence of a Judge. The hearing must take place within 48 hours of an arrest and often occurs much sooner than that. At the preliminary hearing, the prosecutor will present evidence to show the judge that there is probable cause to 1. If the defendant chooses to proceed with a preliminary hearing, the judge, the defendant, the defendant’s attorney, the prosecutor, and any victims or witnesses subpoenaed will attend. Arraignment Hearing Preliminary Hearing Provincial Court Trial Sentencing. Either way, in a felony case, the accused will receive a subpoena for a preliminary hearing court date. A knowledgeable attorney can give you information about the arraignment process in your state and discuss your options with you. A preliminary hearing is after the arraignment but before trial and is were a plea or other offer is set forth to resolve the case before trial. The initial hearing procedure does not … The fourth step is the preliminary hearing. In misdemeanor cases, the first appearance and arraignment are combined so that the magistrate judge proceeds to take the defendant's plea and sets the case for trial if necessary. You will not be entering a plea at your arraignment for a felony crime. Arraignment is a much less important part of the criminal justice process than the preliminary version. Having counsel represent you at arraignment can reduce the stress of the arraignment process for you and ultimately might make a difference in … may waive a preliminary hearing. Preliminary Examination - The Preliminary Hearing / Pretrial Hearing. At the arraignment the Defendant will be read specific charges that have been filed against him or her. Felonies The process is quite similar here, except that there is the additional step of the preliminary hearing as an additional safeguard warranted by the more serious nature of the charges. Step 1 As with misdemeanors, the first step is an initial appearance or an arraignment before a judge of a lower court or magistrate, at which The burden of proof, while still on the prosecution, is much lower during a preliminary hearing … Trials can also be conducted by judges alone, when the defendant waives the right to a jury, but prelims never involve a jury. What is Formal Arraignment? As its name suggests, the hearing is largely a formality. 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