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At which point during the criminal process does a defendant declare their innocence or guilt? During their arrest by the police During their initial appearance, During their arraignment appearance, During their Grand Jury appearance

1 Answer

4 votes

Answer:

During their arraignment appearance

Step-by-step explanation:

Looking at each appearance of the defendant:

  • During their arrest: The defendant is often better off exercising Fifth Amendment rights to remain silent during questioning and arrest. The defendant is not required to say anything at this stage.
  • During their initial appearance: Unless this appearance is the defendant's arraignment appearance (it could be bail, etc.), then the defendant is not required to disclose information.
  • During their arraignment appearance: The arraignment appearance is where a judge restates rights for the defendant and gives the defendant the opportunity to declare his/her innocence or guilt. This is often the defendant's first formal court appearance.
  • During their Grand Jury appearance: This step of the trial occurs after the defendant declares innocence or guilt, so this is irrelevant to the question.
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