On April 4, President Donald Trump was arraigned in a New York City courtroom on 34 felony counts of falsifying business records. But what are indictments and arraignments? How do they work? Does everyone go through them?

We (along with PBS) thought this interesting period in history might make a good opportunity to take on these topics.

What’s an indictment?

A criminal indictment is a formal accusation of a crime, brought against an individual by a grand jury. The purpose of an indictment is to ensure that there is enough evidence to warrant a criminal trial, and to provide the defendant with a clear understanding of the charges against them.

The grand jury is made up of a group of citizens who are selected from the community, and who are responsible for reviewing evidence presented by the prosecutor in a criminal case. The grand jury’s job is to determine whether there is enough evidence to warrant a trial, and if so, to issue an indictment.

The indictment outlines the specific charges that are being brought against the defendant, and provides a detailed description of the alleged criminal activity. The charges can range from relatively minor offenses, such as disorderly conduct or petty theft, to more serious crimes such as murder, assault, or fraud.

The indictment process is an important safeguard against the abuse of prosecutorial power. It ensures that the government must present sufficient evidence to convince a grand jury that a crime has been committed, and that the accused should be held to answer for those charges in a court of law. This protects individuals from being subject to frivolous or unjustified criminal charges, and helps to maintain the integrity of the criminal justice system.

Once a defendant has been indicted, they will typically be arraigned in court, where they will be formally notified of the charges against them and asked to enter a plea of guilty or not guilty. From there, the case will proceed to trial, where the government must prove its case beyond a reasonable doubt to secure a conviction.

It’s worth noting that not all criminal cases require an indictment. In some cases, a prosecutor may choose to file charges directly with the court, without seeking an indictment from a grand jury. This is typically used for less serious offenses where there is already sufficient evidence to support a trial.

Overall, the process is an important safeguard against the abuse of prosecutorial power, and helps to maintain the integrity of the criminal justice system. If you have been indicted on criminal charges, it is important to consult with an experienced Knoxville criminal defense attorney who can help protect your rights and ensure that you receive a fair trial.

What’s an arraignment?

An arraignment is a legal proceeding in which a person accused of a crime is formally charged and enters a plea. During an arraignment, the defendant appears before a judge, who reads the charges against them and asks them to enter a plea of guilty or not guilty. The arraignment is a critical stage in the criminal justice process, as it marks the beginning of the trial phase and sets the tone for the rest of the proceedings.

The purpose of an arraignment is to inform the defendant of the charges against them and to give them an opportunity to enter a plea. The arraignment typically occurs within a few days of the defendant’s arrest, and it is the first time the defendant has an opportunity to see the charges against them in writing. During the arraignment, the defendant is also informed of their Constitutional rights, including the right to an attorney and the right to remain silent.

The arraignment begins with the judge reading the charges against the defendant. The charges are listed on a document known as an indictment or information, which is prepared by the prosecutor. The indictment or information specifies the charges against the defendant and the statute or law that the defendant is accused of violating. The judge then asks the defendant how they plead to each charge.

At this point, the defendant can enter a plea of guilty, not guilty, or no contest. If the defendant pleads guilty, the judge may proceed directly to sentencing. If the defendant pleads not guilty, the case will proceed to trial. If the defendant pleads no contest, they are essentially admitting that the prosecution has sufficient evidence to convict them, but they are not admitting guilt. In most cases, the defendant will plead not guilty and the case will proceed to trial.

In addition to entering a plea, the arraignment may also address other matters related to the defendant’s release. This may include setting bail or imposing conditions on the defendant’s release, such as electronic monitoring or drug testing. The judge may also appoint an attorney for the defendant if they cannot afford one.

The defendant’s attorney may use the arraignment to negotiate with the prosecutor and work towards a plea deal. A plea deal is an agreement between the defendant and the prosecutor in which the defendant agrees to plead guilty to a lesser charge or to cooperate with the prosecution in exchange for a lighter sentence. Plea deals are common in criminal cases and can help both sides avoid the time and expense of a trial.

How your Knoxville attorney can help

An attorney can be extremely helpful during an arraignment by providing legal advice and assistance to the defendant. Here are a few ways that your lawyer can help:

• Explain the charges: An attorney can explain the charges against you in detail, including the potential penalties for each charge. This can help you make an informed decision about how to plead.
• Help you enter a plea: If you’re unsure how to plead, an attorney can help you make a decision based on the evidence and your legal rights.
• Negotiate a plea deal: In some cases, the prosecutor may be willing to offer a plea deal. An attorney can negotiate on your behalf to try to get the best possible deal.
• Advocate for a lower bail amount: If you are facing a high bail amount, an attorney can argue for a lower amount or for you to be released on your own recognizance.
• Represent you at trial: If the case proceeds to trial, the attorney can provide a vigorous defense and represent the defendant in court.
• Protect the defendant’s rights: The attorney can ensure that your Constitutional rights are protected, such as the right to a fair trial, the right to an attorney, and the right to remain silent.
• Explain the consequences of a conviction: If you are convicted, an attorney can explain the potential consequences, such as jail time, fines, and a criminal record.

In general, an attorney can be a valuable ally for anyone facing criminal charges. They can provide legal advice, negotiate with the prosecutor, and represent the defendant in court. By having an experienced attorney on your side, you can feel more confident and better prepared to face the charges against them.

If you’re facing criminal charges, don’t go it alone. The criminal defense lawyers at Banks & Jones are ready to represent you. To schedule a meeting with a member of our team, call our Knoxville offices or fill out our contact form today.