Asked in Criminal Law and Civil Rights for Georgia

Q: What is the process and standard procedure for waiving arraignment in Georgia?

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James L. Arrasmith
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A: In Georgia, waiving an arraignment means you are choosing to skip the formal court appearance where charges are read, and you enter a plea. To waive an arraignment, you generally need to submit a written waiver to the court, often with the assistance of your attorney. This waiver indicates that you understand the charges against you and your rights, and that you are entering a plea without physically appearing in court.

The standard procedure usually involves filing this waiver before the scheduled arraignment date. Your attorney will help ensure that all necessary paperwork is correctly filled out and filed on time. By waiving arraignment, you move directly to the next phase of your case, which could involve pretrial motions, negotiations, or setting a trial date.

It’s important to understand that waiving an arraignment does not mean you are pleading guilty; you can still plead not guilty and contest the charges. It’s simply a step that can save time if you already know how you plan to plead and want to move forward in the process. Make sure to consult with your legal counsel to understand the implications fully and to ensure it aligns with your defense strategy.

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