What occurs at the arraignment? How does the arraignment differ from the preliminary hearing?
What will be an ideal response?
The arraignment is a brief court hearing that accomplishes several purposes: the defendant is given a copy of the criminal complaint; the judge verifies that the defendant has an attorney or appoints one; bail is set; a plea is entered; and the next court date is set. No witnesses are called. If there has not been a probable cause hearing the judge will also review police reports and determine whether there is probable cause to keep the defendant in custody. By contrast, the purpose of the preliminary hearing is to determine if there is sufficient evidence to justify taking the case to trial. This procedure is only used for felonies that have not been taken to the grand jury. The prosecution must call witness whose sworn testimony establishes a prima facie case for each charge. The defense has the right to cross examine and to call its own witnesses. At the end of the preliminary hearing the judge rules on which felonies the prosecutor can put in the Information. Individual charges or the entire complaint can be dismissed at the end of the preliminary hearing if insufficient evidence was presented.
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