in cases where charges were amended under same cause , don’t you have to be arraigned on charges that were added?

UPDATED: Sep 30, 2022

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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


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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