Q: Why do I have a post indicted arraignment when I haven’t been indicted yet ?

A: Mistakes can certainly happen. Ordinarily, however, the Superior Court does not schedule the Arraignment until an indictment has been filed. Presumably you were either appointed an attorney through the Office of the Public Defender or you have retained private counsel. Therefore, either of them would be able to address this situation. Of course, if you are considering a private attorney, experience suggests that it is strategically advantageous to act sooner rather than later.

A: While it is not impossible that it was listed erroneously, the odds are that you have been indicted and are just not aware of it yet. Grand jury presentments are secret proceedings that you are not made aware of beforehand, and the filing of the indictment is often the first time you learn your case has been presented. The attorney of record for your case, whether public defender or private counsel, would receive a notification via email that the indictment has been filed, so reaching out to your lawyer is the fastest way to verify that you have been indicted and get a copy of it. If you applied for a public defender but have not yet spoken to a specific lawyer, call the office to learn who your assigned attorney is. If you intend to retain private counsel, you should begin your search as soon as possible so that you are attending that court date with an attorney by your side. At the point of indictment, the prosecutor’s obligation to turn over discovery attaches, so whether your lawyer is private or public, there’s likely a lot more to talk about with him or her now.

A: Most likely you have been indicted and your attorney just didn't tell you yet (not good). Obviously it can always be a mistake by the clerk of the court, but that is rare and in 30 years of practice this has never happened in one of my cases.