QUESTION

Must one enter a plea at arraignment?

Asked on Oct 21st, 2014 on Criminal Law - California
More details to this question:
I appeared at my criminal arraignment, the courtroom was very chaotic, when myself and co-defendant went in front of judge, neither one of us was asked how we plea or even read our charges. When our case was bound over to Superior Court, at my arraignment in Superior Court the judge said I needed to RE-ENTER my plea. I had not entered a plea so far, so how could I be re-entering a plea? At the first arraignment, the judge was very busy and confused, and may have overlooked asking for my plea, I am not sure. Is it the law to enter your plea at the arraignment?
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4 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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The judge more than likely entered a plea of not guilty for you at your first arraignment. I am assuming that you are being charged with a felony and have already had a preliminary hearing where you were bound over. At the second arraignment, you must again enter a plea. If you have not hired an attorney and do not have a public defender, it's time to get one. If you do have an attorney, you should be asking your attorney about this.
Answered on Nov 03rd, 2014 at 12:39 AM

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Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
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Yes. The record will show you entered a Not Guilty plea at your initial arraignment (your lawyer may have done it), and the second after the prelim. So, you entered a plea in the lower court to the charges alleged in the Complaint, and then to the "official charges" contained in the Information.
Answered on Oct 23rd, 2014 at 1:13 AM

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Not necessarily. You can postpone/continue the arraignment.
Answered on Oct 23rd, 2014 at 1:12 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Yes. Guilty or preferably not guilty.
Answered on Oct 23rd, 2014 at 1:12 AM

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