The act of giving advice or counsel by the court to a defendant.
Advisement refers to the process taken by a judge to consider, deliberate, and consult on a matter before ruling on a case. When a particular case is under advisement, the judge in charge of hearing the case is deliberating and thinking about whatever decision they will make. A case can be under advisement when the parties involved have presented their evidence on an issue or case, and the court has heard them before giving judgment on the matter. In some jurisdictions, a time limit is set upon a case for it to be under advisement.
In a case when a judge fails to ascertain an issue of law or fact within a stipulated time, one may apply for a withdrawal of the submission of all issues that are pending and the cause from the trial judge. After that, one may now apply for transferring the case to a supreme court so that a special judge can be appointed to determine the issue. A judge can take a case under advisement if, during a hearing, a question is asked that demands that a judge research before making a decision; the judge may request that their attorney provides a legal basis or substantial evidence for their argument. The judge can then take the case under advisement to review the matter and decide after the receipt of the legal documents has been acknowledged.
Within the context of criminal law, an advisement hearing might be set up early enough to allow the court to advise the defendant about some of their rights. The court will offer advice to the defendant by iterating that the defendant has the right to:
- remain silent,
- post bail except for the laws of the state denying the right to bail for the alleged crimes,
- be informed about the nature of the charges that are contained in the arrest warrant,
- have a preliminary hearing held,
- a jury trial and also,
- any plea entered by the defendant must be voluntary and not coerced.
Example of Advisement
Alex has been accused of a theft case, and he has been arrested. The first time he is brought before a judge is his first advisement hearing. During this advisement, the judge tells him what his crime is and what he is being investigated for. Alex does not have to plead whether he is guilty during this time or not; he can only do this during the arraignment. During his advisement, the judge may:
- Advise him about the crime he has been suspected of committing. In Alex’s case, it is theft.
- Advise Alex of the charges the attorney might execute.
- Ask if he has an attorney.
- And then set a bond for him.
Arraignment vs. Advisement
Advisement refers to the first appearance a defendant will have in court. Advisement involves the court giving a defendant their rights, the charges that have been leveled against them, and the likely penalties. At the same time, arraignment is when a defendant enters their plea to the charges, i.e., plead whether they are guilty or not. A plea is often permanent. The advisement hearing often comes before arraignment.