My brother is in a murder case and it has passed preliminary hearing. Next step is arraignment. What happens at arraignment and trial confirmation?
Administrative Law Lawyer
At the Arraignment on the Information, the Judge reads the Information which contains the charges against your brother, his statement of rights and asks your brother's attorney if he pleads guilty or not guilty.
The Arraignment on the Information addresses the charges that your brother was "held to answer" for after Preliminary Hearing.
At this court date, the Judge will announce the anticipated trial dates.
Seth Weinstein, Esq.
Practicing throughout Southern California
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
Arraignment at this stage is called the arraignment on the Information. The charging paper is called an Information. Sometimes people choose to come back for another arraignment date. The attorney might want time to decide what motions he or she may or may not file. There are other tactical reasons to set the case for trial and tactical reason why the trial should not be set.
At some point the trial will be set. A few weeks before the trial the parties will got to court to make sure the trial is ready to proceed. This hearing before the trial is called a trial confirmation.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
Criminal Defense Attorney
I agree with the other attorneys' answers. In Fresno, we call them "HTA's" for that very reason... The defendant has been "held to answer" on the charges at preliminary hearing, and is now being arraigned (again) on the charges. The next court dates will depend on his specific case-- and whether his attorney needs more time to prepare, the availability of other counsel, etc.
Please don't forget to choose the "best" or most "helpful" answer. This response does not create an attorney client relationship. The information provided here should not be relied upon and is not a substitute for legal advice received by an attorney that you have retained for your specific case. If you are actually involved in a case pending in court and you have an attorney, you should speak to your attorney and follow his/her advice. The information provided here is for general purposes only.