What Is A Pre-arraignment Deposition?


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Rosie Normanton answered
A pre-arraignment deposition is the testimony that is presented at the pre-arraignment meeting that is held prior to a defendant's first appearance in court.

A pre-arraignment meeting is where this deposition is delivered. The meeting is usually arranged by the Criminal Division Staff. During this time, the person delivering the deposition is questioned by an attorney. The response to these questions are noted by either a court reporter or recorded on tape. The person being questioned is known as the deponent.

  • There are obligations with these orders

Just like in court, all people present during the pre-arraignment deposition are sworn in under oath to tell the absolute truth. In addition to this, the deponent and the court reporter are required to sign a document known as an affidavit that states all the information retrieved through the deposition is entirely accurate.

If the deponent in the pre-arraignment meeting is a defendant, the pre-arraignment meeting is also the opportunity to deliver all the relevant details of the court case, these include:

  • The defendant's charges
  • The date of the defendant's arraignment
  • Where the arraignment will be
  • The time at which the arraignment will begin

The deponent is also permitted to apply for pretrial intervention during the pre-arraignment deposition. The defendant may also wish to begin negotiations of a plea bargain. If the defendant is not being legally represented at this time, they are permitted to apply for representation from the public defender sector.

  • What happens if a meeting is not attended?

In the event of the defendant not attending the pre-arraignment meeting, the judge who is overseeing the case may issue a bench warrant if he or she thinks it is necessary.

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