Arraignment
The first court appearance for the domestic violence defendant is called an “arraignment.” Victims are not required to attend arraignment. The arraignment serves several purposes:
- The defendant is informed of the exact nature of the charges.
- The defendant is advised of his/her rights including the right to have an attorney and to be provided an attorney at public expense if the defendant cannot afford one.
- The defendant enters a plea of guilty or not guilty. The defendant will not be able to enter a plea of guilty at the arraignment. You will be sent victim rights information.
- A Pretrial Disposition Conference (PDC) date, time and location will be set.
Often defendants are booked into jail after being arrested. If booked, defendants will appear before a judge within 24 hours of the arrest to be arraigned on the charges. Defendants may be released on their own recognizance and told to appear for a Pretrial Disposition Conference or they may have to post a bond to be released.
Pretrial Disposition Conference (PDC)
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As the victim, you have the right to review the plea offer and to be heard by the court if the defendant decides to plead guilty. |
Plea negotiations occur during a Pretrial Disposition Conference (PDC). Prior to the PDC, the prosecutor has reviewed police reports and the defendant's prior criminal record and determined what punishment is appropriate for the individual case. The defendant has several options at the PDC:
- Accept the State's offer and plead guilty by entering into a written agreement with a defined sentence.
- Reject the State's offer but plead guilty and let the judge determine the sentence.
- Reject the State's offer and set the case to trial. You will be subpoenaed to testify at the trial.
- Continue the PDC.
A PDC is typically continued for 30 days. PDCs may be continued for reasons such as:
- Hiring an attorney
- Exchanging discovery
- Conducting interviews
- Illness
- Scheduling conflicts
The judge reviews a motion to continue and determines if it will be granted. The judge also decides how many PDC continuances to give a defendant.