DA’s office institutes formal arraignments in all criminal cases
The Washington County district attorney’s office over the summer instituted a policy of having those facing criminal charges appear for formal arraignments so that each person appearing before a district judge knows when his or her next court date will be.
When charges are filed, a defendant typically has a preliminary arraignment before a district judge, who schedules a preliminary hearing. Previously, in the vast majority of cases, defendants at their preliminary hearings waived their right to the next step in the process, known as a formal arraignment.
District Attorney Gene Vittone said Thursday the formal arraignments were taking place over the summer in the public meeting room of the Courthouse Square office building, which, according to signs posted, has a maximum capacity of 200 people.
En masse, defendants would be read their rights. At this point, they typically enter pleas of “not guilty.” Along with being scheduled for their next court appearances, they receive a copy of what is known in legal parlance as “discovery” to which they are entitled, such as a copy of the police report in the case. The formal arraignment also gives the district attorney’s office an opportunity to establish the correct address for the defendant for future correspondence. The vast majority of cases end with guilty pleas, not jury trials, so an assistant district attorney offers a plea agreement at the time of the formal arraignment.
About 70 percent of those who came to the formal arraignments were not represented by an attorney. Failure to appear for the formal arraignment results in the issuance of a bench warrant, but Vittone said he envisions fewer bench warrants having to be issued because the new system allows for better case-flow management.
The public meeting room of the Courthouse Square office building is no longer being used for the formal arraignments. Signs went up this week redirecting defendants to the jury room of the courthouse. Because the arraignments take place two or three times each month, Vittone said his office can work around times that prospective jurors are gathering in the jury room in the courthouse basement.
The district attorney’s office handles 3,200 case a year. “This should clear up a lot of delays in the system,” Vittone said.
Those who are charged with homicide will continue to be formally arraigned in the courthouse before a judge because of the seriousness of the crime. At the proceeding, the prosecution places on the record whether the commonwealth intends to seek the death penalty.