Virginia Waiver of Re-Arraignment

State:
Virginia
Control #:
VA-DCW-11
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PDF
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Waiver of Re-Arraignment

Virginia Waiver of Re-Arraignment is a legal document signed by a defendant prior to appearing in court for an arraignment. This document allows the defendant to waive their right to an arraignment and enter a plea without appearing in court. There are two types of Virginia Waiver of Re-Arraignment: a plea of not guilty and a plea of guilty. With a plea of not guilty, the defendant is asserting their innocence; with a plea of guilty, the defendant is admitting guilt and waiving their right to a trial. The Waiver of Re-Arraignment must be signed by the defendant in the presence of a lawyer or a judge, and the document must be filed within the court's jurisdiction. The signed waiver must be accompanied by a copy of the criminal complaint, the defendant's plea agreement, and other relevant documents. The signature of the defendant must be witnessed by a lawyer or a judge for the waiver to be valid. Once the Virginia Waiver of Re-Arraignment is filed, the court will enter the plea and the case will proceed without the defendant having to appear in court.

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FAQ

The Defendant Must Be Informed of the Charges The purpose of the arraignment is to satisfy the defendant's right to learn of the charges against them.

Arraignment; pleas; when court may refuse to accept plea; rejection of plea agreement; recusal. Arraignment shall be conducted in open court. It shall consist of reading to the accused the charge on which he will be tried and calling on him to plead thereto.

WAIVER OF ARRAIGNMENT. An attorney representing a defendant may present a waiver of arraignment, and the clerk of the court may not require the presence of the defendant as a condition of accepting the waiver. Added by Acts 2001, 77th Leg., ch. 818, Sec. 1, eff.

What are the events in a misdemeanor case flow? Crime, arrest, arraignment, pretrial conference, readiness hearing, jury trial, verdict, sentencing. What is an arraignment? The initial step in the criminal process where a defendant is brought before the court to hear the charges against them.

The arraignment is the first time the defendant appears in court. At the arraignment, the judge tells the defendant: ? What the charges are, ? What his or her constitutional rights are, and. ? That if he or she does not have enough money to hire a lawyer, the court will appoint a lawyer free of charge.

Arraignment comes from the French word aresnier, which means to address, or speak reasonably.

At arraignment, the defendant will be formally advised of the charges filed by the State. The defendant is also informed of the right to an attorney. If the accused indicates an inability to afford an attorney but wishes to be represented, the judge may appoint an attorney from the Public Defender's Office to the case.

What Happens After the Arraignment? The next court date depends on the seriousness of the charges. For a Felony charge, you will have a Preliminary Hearing date, followed by a Grand Jury hearing. For a Misdemeanor charge, in most cases (except some DUI cases), the case moves to a Trial date (see below).

More info

(2) An appearance that waives arraignment but fails to state a plea shall be deemed to constitute entry of a plea of not guilty. Generally, this is waived.Instructions for Waiver of Arraignment Form (Misdemeanor). 1. Complete the form in its entirety, including your signature and your attorney's signature (if. A sentencing appeal waiver provision does not waive all claims on appeal. The defendant can "waive" (give up) the right to a speedy trial. Criminal defendants usually have the option to waive arraignment, especially if a defendant has an attorney. I waive arraignment and ask the Court to enter a plea of not guilty on the defendant's behalf. This. At an arraignment, a judge will formally state the charges against the defendant. The defendant can "waive" (give up) the right to a speedy trial.

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Virginia Waiver of Re-Arraignment