If the defendant pleads guilty an evidentiary hearing usually follows in order for the judge to assess the severity of the offense, consider any mitigating factors, and evaluate the character of the defendant before passing sentence?.
If the defendant pleads not guilty, a date will be set for a preliminary hearing during which an indictment will be considered. What does this mean to say an indictment will be considered? Isn't an indictment normally issued before the arraignment?
Formerly, a defendant who refused to plea would be subjected to peine forte et dure. But today in all common law jurisdictions a defendant who refuses to enter a plea has a plea of not guilty entered for them on their behalf.