An arraignment is a hearing that only happens in felony prosecutions in Wisconsin. This hearing occurs after a judge has found probable cause to continue the prosecution in a preliminary hearing, or waiver of a preliminary hearing. Oftentimes the arraignment happens immediately after the preliminary hearing, making them both part of a single court appearance.
What happens at the arraignment? First, the prosecutor will file a document called the Information. An Information is just a formal charging document that says the State of Wisconsin is officially accusing a client of certain criminal offenses. Like an initial appearance, the judge or court commissioner will ask our client whether they want the information read out loud to them (like the initial appearance unless there is a language barrier or hearing difficulties we generally waive this part) and then summarize the charges and the minimum and maximum penalties. The judge will ask our client how they would like to plead and in almost every case we will either plead not guilty or stand mute, which will result in a plea of not guilty.
Before arraignment it is important to discuss whether our clients would like to substitute the judge. This is a legal right for anyone charged with a felony, but it must be exercised before arraignment otherwise it is forfeit. After arraignment, the prosecution is obligated to provide our office with discovery, which includes all of the police reports, witness statements, scientific analysis, video recordings, or other records generated in the course of a criminal investigation. While the statute says that the prosecutor must do so within a reasonable time before trial, the timeframe for receiving discovery varies by county. In La Crosse, it average about two weeks. Other jurisdictions can take longer while some provide us discovery almost immediately after the arraignment.
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