What Is an Arraignment?
An arraignment is a formal court proceeding for felony cases in Mississippi where a defendant is officially informed of the charges against them and given the opportunity to enter a plea. Arraignments occur in felony cases, which proceed by indictment.
If a person is arrested on felony charges before a grand jury issues an indictment, they will first have an initial appearance—not an arraignment—where the judge informs them of the charges, considers bail, and determines whether probable cause exists to hold them. Also, a person can have a preliminary hearing in a felony case before an indictment is handed down by the grand jury. Once the grand jury returns an indictment, the felony case moves forward to arraignment in circuit court.
Misdemeanor Cases vs. Felony Cases: Key Differences
• Misdemeanor cases do not require an arraignment. Instead, a defendant in a misdemeanor case will have an initial appearance, where the charges are explained, and they may enter a plea immediately or at a later date.
• Felony cases usually have both:
• An initial appearance if the defendant is arrested before an indictment is issued.
• An arraignment once the case proceeds by indictment.
What Happens at a Felony Arraignment in Mississippi?
If a grand jury issues an indictment against a defendant, the next step is an arraignment, where the following takes place:
1. Reading of the Charges – The judge informs the defendant of the charges listed in the indictment.
2. Ensuring Legal Representation – If the defendant does not already have an attorney, the court will determine whether one should be appointed.
3. Entering a Plea – The defendant will enter one of the following pleas:
• Not Guilty – The case proceeds to pretrial motions, hearings, and potentially trial. This is what happens 99.9999% of the time.
• Guilty – The court may sentence the defendant immediately or schedule a later sentencing date. This is extremely rare.
4. Setting Future Court Dates – The court will schedule necessary hearings, including pretrial motions and trial dates.
Can an Arraignment Be Waived?
Yes. In Mississippi, a defendant can waive arraignment if they have an attorney and wish to enter a not guilty plea in writing. This avoids the need to appear in court for the arraignment. Importantly, however, the circuit judge must allow for this to happen. Not every Mississippi circuit judge allows arraignments to be waived.
What Happens After an Arraignment?
• The case proceeds to a discovery phase, where both sides exchange evidence and prepare for trial.
• Motions may be filed by both sides and hearings on those motions held.
• Unless a plea agreement is reached, a trial will be held at some point in the future.
• If a plea agreement is reached, the defendant may enter a guilty plea in exchange for a reduced charge or lighter sentence.
How Can a Criminal Defense Lawyer Help at an Arraignment?
When representing clients before and during arraignment, we:
• Advise whether waiving the arraignment is in the defendant’s best interest.
• Ensure the defendant understands the charges and potential penalties.
• Request bail reductions if the defendant is still in custody.
• Begin building a strong defense strategy.
Final Thoughts: Understanding Your Rights at an Arraignment
If you or a loved one is facing a felony charge in Mississippi, understanding the difference between an initial appearance and an arraignment is crucial. Misdemeanor cases do not involve an arraignment, while felony cases proceed by indictment and require an arraignment unless waived.
If you need legal guidance on a felony case, contact Eichelberger Law Firm today for experienced defense representation.