in cases where charges were amended under same cause , don’t you have to be arraigned on charges that were added?
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in cases where charges were amended under same cause , don’t you have to be arraigned on charges that were added?
The original charges were 4 Level 4 Burglaries, for which the defendant was
arraigned. Then the charges were amended to include 7 additional burglary
charges for which there was no additional arraignment. This is in Wayne County
Indiana. Shouldn’t the defendant have also been arraigned on the additional
counts since more charges were added?
Asked on June 27, 2016 under Criminal Law, Indiana
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It is a better practice for the defendant to be rearraigned and the defendant certainly has the right to be rearraigned when charges are amended. However, as long as the defendant has some notice of the amended allegations which is sufficient to put the defendant on notice so that the defendant can prepare a defense, then the failure to arraign will not result in the dismissal of the case or reversal of a conviction.
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