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What is an Arraignment

Posted by attorney Erick Platten

An arraignment is your first appearance in court and you are served either with and indictment if its a felony case or an information if it a misdemeanor.

The Court will ask you if you want the State to read the charging instrument to you. You can either have it read to you or you can waive the reading.

After you have had it read to you the Judge will ask you how do you plead to this accusation? This is your opportunity to plea guilty or not guilty. Nearly one hundred percent of people are always going to plea not guilty so they can have an opportunity to determine what evidence the State has and whether or not you should go to trial or not.

In Texas most courts will allow you to waive the arraignment if you have an attorney.

Your lawyer will file a waiver of arraignment with the Court and it will indicate your plea to the charge is not guilty and you will be given a date when to come back to court for other matters.

Additional resources provided by the author

Texas Code of Criminal Procedure

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