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What if they didn't formally arraign someone?

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What is the name of your state? Iowa

Just curious what happens if there had been formal charges filed by the DA on an individual, but when the scheduled arraignment date had came up and the individual appeared to answer to the charges (..to plead either guilty or not), a court attendant had came out into the hallway only to tell the person that their public attorney was out of town on another case, but that a trial date has been set for a month or two down the road.

Meaning that they'd skipped the arraignment altogether, ...no formal arraigment ever took place? Isn't that considered a very important step regarding legal proceedings and "due process"?

Thanks in advance!!!
Barry
 


seniorjudge

Senior Member
Q: Meaning that they'd skipped the arraignment altogether, ...no formal arraigment ever took place? Isn't that considered a very important step regarding legal proceedings and "due process"?

A: Regardless of whether it is a misdemeanor or felony, you will be arraigned before the trial starts.
 
seniorjudge said:
Q: Meaning that they'd skipped the arraignment altogether, ...no formal arraigment ever took place? Isn't that considered a very important step regarding legal proceedings and "due process"?

A: Regardless of whether it is a misdemeanor or felony, you will be arraigned before the trial starts.
SeniorJudge - Thanks for the response! Well, I'm not so sure, as the DA has already come out with their first offered "plea bargain". Seems to me like the case may be defective at this point. Wondered if anyone might be able to shed some light on how that works. Much appreciated - Thanks again!!

Barry
 
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SeniorJudge - Sir, I'd greatly appreciate it if you could please advise me just a
'lil bit further on this subject, ...I'm rather certain that you may have possibly misunderstood what I'm trying to say here. Very sorry about my poor choice of wording to describe exactly what is going on, ...and also what my question is.

After the bail bondsman posted my bail bond, ..then being released from jail, the said bail bondsman then had informed me of when my next court date/time is set for and also stressing that it was mandatory for me to appear in court on this specified date/time.

Now, when the time came for this court hearing, I was there in person and appearing just as I was told to do, however, while waiting for all the necessary people to show up to the courthouse, ..when suddenly this elderly woman came out into the hallway where I'd been waiting and she began explaining to me that my appointed attorney who had been assigned to represent my case was currently out of town working on another case, therefore unable to attend for my hearing. She then went on to inform me that the trial date/time had been set for 2 months away.

So what's the deal? Are they just gonna skip over having the "missed" court hearing or what? Please advise.

Thanks a million!!!
Barry Archer
 

seniorjudge

Senior Member
Q: Are they just gonna skip over having the "missed" court hearing or what?

A: No; you have not missed anything. As I said earlier, you will be arraigned before the trial starts. It's very simple; you are trying to make it complicated.
 
Ah, I see. I certainly am sorry if it seemed like perhaps I was making it more complicated that it's really gotta be, it was never my intention to do so. I simply didn't quite understand what was really going on, ..that's all. Figured I'd better ask and see if maybe one of you guys would possibly shed some light on the subject. As always, I must stress to you that I'm very appreciative for the great responses to my questions.

Thanks!!!
Barry
 

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