Using Post-Arrest Silence at Trial.
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Entering a Plea Once the court has advised the defendant of the charges against him, the judge will ask how he pleads to those charges. Not guilty. Defense attorneys usually recommend that criminal defendants plead not guilty at arraignment, and defendants often do plead not guilty.
How Judges Set Bail
This requires the prosecutor to gather the evidence against the defendant and gives the defense an opportunity to review the evidence, investigate the case, and determine whether the evidence proves that the defendant committed the crime. A not guilty plea means simply that the defendant is going to make the state prove the case against him. If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conduct , the judge may sentence the defendant at arraignment. The prosecutor and the defense attorney may negotiate the guilty plea and agree on a sentence during the arraignment.
If the case is more serious, the judge probably will set a sentencing hearing and request a pre-sentence report. No contest "nolo contendere". If a defendant pleads no contest, he acknowledges that the prosecutor has enough evidence to prove he committed a crime but does not admit guilt — in other words, that he did it.
When a defendant enters this plea at arraignment, the court proceeds in the same way it would proceed if the defendant pleaded guilty. Setting conditions of release In some states, an arraignment includes setting conditions of release, if necessary. Being released on your own recognizance "ROR" or "OR" means you are released on the basis of your promise to report for trial and any other court proceedings in your case. Courts usually release defendants ROR only in minor criminal cases or when the defendant has a minimal record of prior criminal offenses, if any, and a permanent local address and employment.
Bond or bail.