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13. General principles of Criminal Arraignment
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Article 73-General principles of criminal arraignment |
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| 73.1 |
Arraignment |
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Arraignment is the formal reading of a criminal complaint (indictment), in the presence of the defendant, to (a) inform them of the charges against them, (b) present the preliminary facts of the case against the primary facts of the infictment offences and (c) receive the plea (guilty or not guilty) of the defendant. |
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In all criminal cases, after indictment, and all misdemeanor cases punishable by imprisonment, there shall be an arraignment. |
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| 73.2 |
Waiver of arraignment |
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An attorney representing a defendant may present a waiver of arraignment if the charge is a level 3 or less, and the clerk of the court may not require the presence of the defendant as a condition of accepting the waiver. However, if the indictment includes charges which are level 4 or higher, the arraignment may not be waived. |
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| 73.3 |
Time of arraignment |
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No arraignment shall take place until the expiration of at least two entire days after the day on which a copy of the indictment was served on the defendant, unless the right to such copy or to such delay be waived, or unless the defendant is on bail. |
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