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A. Arraignment Defined. Arraignment is the bringing of an accused person before the Court, informing him or her of the charge against him or her and of his or her rights, receiving his or her plea and setting bail. Arraignment shall be held in open court upon the appearance of an accused in response to a criminal summons or citation, or if the accused was arrested and confined, until the next scheduled court date.

B. At Arraignment. Arraignments shall be conducted in the following order:

1. The Judge should ask the defendant if he or she wishes to have the complaint read aloud in open court;

2. If requested by the defendant, the Prosecutor should read the entire complaint, deliver a copy to the defendant unless he or she has previously received a copy thereof, and state the minimum and maximum authorized penalties;

3. The Judge should determine that the accused understands the charge(s) against him or her and explain to the defendant that he or she has the rights as listed in Section 1-102 of this Title;

4. The Judge shall ask the defendant if he or she wishes to obtain counsel, if the defendant so desires, he or she will be given a reasonable amount of time to obtain counsel. If the defendant shows his indigency and counsel is available for appointment under the rules relating to attorneys, counsel may be appointed. If the defendant is allowed time to obtain or consult with counsel, he or she shall not be required to enter a plea until the date set for his or her appearance;

5. The Judge should then ask the defendant whether he or she wishes to plead “guilty,” “nolo contendere” or “not guilty.”

C. Receipt of Plea at Arraignment. The defendant shall plead “guilty,” “nolo contendere” or “not guilty” to the offense(s) charged.

1. If the defendant refuses to plead, the Judge shall enter a plea of “not guilty” for him or her.

2. If the defendant pleads “not guilty,” the Judge shall set a trial date and conditions for bail prior to trial.

3. If the defendant pleads “nolo contendere” or “guilty,” the Judge shall question the defendant personally to determine that he or she understands the nature of his or her actions, the rights that he or she is waiving, and that his or her action is voluntary. The Judge may refuse to accept a guilty plea and enter a plea of “not guilty” for him or her. If the guilty plea is accepted, the Judge may immediately sentence the defendant or order a sentencing hearing.