What is the difference between indictment and arraignment?
Indictment and arraignment are two distinct stages in the criminal justice process in Kansas. An indictment is the formal accusation of a person of a crime. It is the prosecution’s presentation of evidence to a grand jury, who then decide whether they have enough evidence to charge the person with a crime. If the grand jury decides that there is enough evidence, a formal charge or indictment is issued. In contrast, arraignment is when the accused person appears in court and is formally informed of the charges against them. At the arraignment hearing, the defendant will enter a plea: guilty, not guilty, or no contest. The arraignment is the first time the accused will appear in court, and it sets the stage for further proceedings. In Kansas, an indictment is only needed before an arraignment in the event of a felony charge. On the other hand, for misdemeanors, a suspect can be arrested on the spot and brought directly to court for an arraignment hearing. In summary, an indictment is a formal accusation of a person of a crime, conducted before a grand jury. Arraignment is when the accused person appears in court and is formally informed of the charges against them and enters a plea. In Kansas, for felonies the indictment process must take place before the arraignment, while for misdemeanors the arraignment process can take place right after the suspect is arrested.
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