Exercise 12

A criminal complaint charges the defendant with misdemeanor stalking pursuant to §30-3A-3(A), alleging over 100 separate instances of following the victim causing her extreme fear. The defendant is summoned into magistrate court to be arraigned on the complaint, pursuant to Rule 6-506(A), on the 30th day following the filing of the complaint. The judge asks the prosecutor if the victim is present, which she is not. The prosecutor cannot confirm whether any attempt was made to inform the victim of the arraignment.

What is the best option for the judge to take?

A. Reschedule the arraignment for a later time and advise the prosecutor to inform the victim of that date and the opportunity to be present and make a statement.

Answer A is incorrect. The arraignment was scheduled on 30th day after the filing of the complaint, the last available day under Rule 6-506(A). Section 31-26-10.1(C) of the Victims of Crime Act allows the court to hold proceedings even in the absence of the victim where to do otherwise would result in jurisdictional problems with the case. Due to the 30-day time limit for arraignment, the court should proceed with arraignment even in the absence of the victim.

B. Proceed to arraign the defendant now, given the 30-day time frame under Rule 6-506(A).

Answer B is correct! The arraignment was scheduled on the 30th day after the filing of the complaint, the last available day under Rule 6-506(A). Section 31-26-10.1(C) of the Victims of Crime Act allows the court to hold proceedings in the absence of the victim where to do otherwise would result in jurisdictional problems with the case. Due to the 30-day time limit for arraignment, the court should proceed with arraignment even in the absence of the victim.