Explaining the Rights of the Defendant

• The defendant can ask his lawyer any questions he has about his rights.Jupiterimages/liquidlibrary/Getty Images
  
  When the defendant arrives for the arraignment hearing, he will be informed of his rights. These rights include -- but are not limited to -- the right to an attorney, the right to a fair and speedy trial and the right to due process of law. Oftentimes, if the defendant has an attorney, the judge will submit a request at the beginning of the trial to waive the reading of the rights to save time in court.
  
  

Informing the Defendant of the Charges

• It is the defendant's right to know why she is in court.Comstock/Comstock/Getty Images
  
  After informing the defendant of his rights, the judge will then tell the defendant what charges are being pressed against her. At this point, the prosecuting attorney will inform the defendant of what statutes, witnesses and police report(s) the prosecuting attorney plans to use to prove the defendant's guilt in the current court case.
  
  

Obtaining the Defendant's Plea

• The judge must obtain a plea from the defendant at the arraignment.Jupiterimages/Photos.com/Getty Images
  
  Once the defendant hears the charges and the evidence, the defendant will have a chance to enter a plea to the charges. The defendant will either submit a plea of guilty, not guilty, or nolo contendere (no contest) on his behalf. Once the defendant enters a plea, the judge will proceed with the case according to how the defendant pleads. A guilty or nolo contendere plea will lead to the judge passing judgment upon the defendant at the arraignment; however, a not guilty plea will force the judge to send the case on to trial.
  
  

Setting Bail for the Defendant

• The judge must consider the safety of the public.Thinkstock/Comstock/Getty Images
  
  The final purpose of an arraignment hearing is to determine what will happen with the defendant until the trial date. The judge may simply release the defendant, provided the defendant vows to return on the assigned trial date. This is known as being "released on recognizance" in court terms. However, the judge also has the option of keeping the defendant in jail until the trial hearing. The judge can impose a bail sentence upon the defendant, whereby the judge orders a certain amount of money be paid to guarantee the defendant's return to court, if she is released from jail. The judge is also permitted to demand the return the defendant to jail until the assigned court date, without offering a bail option to the defendant. This option usually occurs when the judge believes releasing the defendant into the public may cause further criminal behavior or if the judge suspects the defendant will not return to the court trial of her own accord.