What Will Happen To L.T. Remains to Be Seen

July 2, 2010
|

Lawrence Taylor pleading "not guilty" to an indictment reportedly alleging that he and teenager had sex is certainly newsworthy. His past is certainly checkered. Legally speaking, however, regardless of the caliber of his attorney, an arraignment is really a non-event. It will get big headlines, but a defendant has two options: plead "guilty" or "not guilty." There is nothing else a defendant may say at an arraignment. Thus, if a defendant pleads "guilty," the case is over and the Judge will schedule him for sentencing. In the alternative, if a person pleads "not guilty" the Judge will inform him of his rights and then tell him when their next Court appearance is required.

An arraignment is significant if a person does not have an attorney as it would be the time that the court would inform them of pending charges, allow them to plead either "guilty" or "not guilty." If he pleads "not guilty" and is indigent, this would be the time the public defender's office would receive the case. At this point, the defense counsel may receive their first indication of a potential plea bargain with the prosecutor's office; however, this is just one step in the criminal process. Taylor will appear again in court for status conference long before any trial is scheduled to occur.

A purpose of an arraignment is merely for the State to inform an individual on the record what the charges are pending against him, following a police investigation and grand jury indictment. If a police investigation culminates in allegations of a crime, the State submits that evidence gathered to a Grand Jury. The Grand Jury is a closed proceeding where only the prosecutor is present. Witnesses and law enforcement provide testimony to those sitting on the jury, and then the grand jury determines whether or not to indict an individual of the alleged crime. It is a very low standard; it does not mean that the evidence meets the high "beyond a reasonable doubt" standard, but only that the prosecution is given the opportunity to try the case against the defendant. Once the Grand Jury chooses to indict, an arraignment is the next step. The purpose of an arraignment is for the court to formally read the indictment to the Defendant and inform them of their rights. If a person is out on bail since the police signed criminal complaints against them, the bail will normally be continued. If a person is already in jail, he will most likely remain there unless bail was lowered or he somehow obtained the ability to pay for or post bail.

In this case, even if a plea bargain is reached, the drama for L.T.'s legal battle has yet to come, for sure.