Criminal Arraignment: What to Expect
May 21, · An arraignment is the first court date someone will face after being arrested on suspicion of having committed a crime. At this hearing, you will be formally advised of all charges by a judge and will enter a plea to those charges. You may have heard of a preliminary hearing, which is not the same as an arraignment. Jan 17, · Koll Center Pkwy, Pleasanton, CA An arraignment is a court proceeding at which a criminal defendant is formally advised of the charges against him and asked to enter a plea to the charges. In many states, the court may also decide at arraignment whether the defendant will be released pending trial.
By Lauren BaldwinContributing Author. An arraignment is a court proceeding at which a criminal defendant is formally advised of the charges against him and asked to enter a plea to the charges. In many states, courh court may also decide at arraignment whether the defendant will be released pending trial. Some states require arraignments in all felony and misdemeanor cases—basically, any case in which the defendant faces possible incarceration, whether in jail or prison.
Some states require arraignments only in felony cases. Arraignment must occur within a reasonable time after arrest. The judge must review the circumstances of the delay and determine whether the delay was unreasonable. In some states, courts are required to advise defendants of certain constitutional rights at arraignment, such as the right to trial, the right to counsel, and the right against self-incrimination.
In some state courts, defendants are advised of their rights as a group before appearing in front of the judge.
In some states, the defendant has a constitutional right to be represented by counsel at arraignment. If the defendant wants an attorney present, the court cannot arraign the defendant without giving the defendant an opportunity what is an arraignment court date ahat counsel or appointing a public defender. At arraignment, the court must inform the defendant of the charges against him. In some states, the judge must read the criminal complaint, indictment, information, or another charging document to the defendant unless the defendant waives the reading.
The arraignmenh also is entitled to receive a copy of the charging document. Once the court has advised the defendant of the charges against him, the judge will ask how he pleads to those charges.
The defendant can plead not guilty, guilty, or no contest. In some states, an arraignment includes setting conditions of release, if necessary. In deciding whether to release the defendant pending completion of the case, courts primarily consider:. Criminal defendants usually have the option to waive arraignment, especially if a defendant has an attorney. Defense counsel can facilitate this process by communicating with the prosecutor and the court and submitting a waiver of arraignment in writing.
In some cases, the attorneys work out an agreement as to the conditions of release and submit it to the court with documents waiving arraignment. In other cases, the court allows the defendant to waive arraignment and schedules a separate hearing on conditions of release.
If you are arrested or receive a notice of how to get sponsored on youtube, contact a criminal defense attorney immediately.
A knowledgeable attorney can give you information about the arraignment process in your state ddate discuss your options with you.
Having counsel represent you at arraignment can reduce the stress what is a closed society the arraignment process for you and ultimately might make a difference in what conditions of release the court imposes. The information provided on this site is not legal advice, does not constitute a what is the purpose of fflush function referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
Here's what happens. When Does Arraignment Occur? What Happens at Arraignment? Advising the Defendant of Constitutional Rights In some states, courts are required to advise defendants of certain constitutional rights at arraignment, such as the right to trial, the right to counsel, and the right against self-incrimination. Arraignmnt the Defendant of the Charges At arraignment, the court must inform the defendant of the charges against him.
Entering a Plea Once the court has advised the defendant of the charges against him, how to install pearce grip extensions glock judge will ask how he pleads to those charges. Not guilty. Defense attorneys usually recommend that criminal defendants plead not guilty at arraignment. If a defendant pleads not guilty, the prosecutor must gather the evidence against the defendant and then give the defense an opportunity to review the evidence, investigate the case, and determine whether the evidence proves that the defendant committed the crime.
A not guilty plea means simply that the defendant is going to make the state prove the case against him. If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conductthe judge may sentence the defendant at arraignment. The prosecutor and defense attorney may negotiate the guilty plea and agree on what should a letter of recommendation say sentence during the arraignment.
If the case is more serious, the judge probably will set a sentencing hearing and request a presentence report. No contest "nolo contendere". If a defendant pleads no contesthe acknowledges that the prosecutor has enough evidence to prove he committed a crime but does not admit guilt — in other words, that he did it. When a defendant enters this plea at arraignment, the court proceeds in the same way it would proceed if the defendant pleaded guilty. Setting Conditions of Arraugnment Release In some states, an arraignment includes setting conditions of release, if necessary.
What is an arraignment court date released on your own recognizance "ROR" or "OR" means you are released on the basis of your promise to report arralgnment trial and any other court proceedings in your case. Courts usually release defendants ROR only in minor criminal cases or when the defendant has a minimal record of prior criminal offenses, if any, and a permanent local address and employment.
Bond or dtae. If the judge requires that a defendant post bond or bailthe defendant must post money with the court in order to be released pending completion of the case. The court can require a cash bond or a surety bond. Once the case is completed, the money is refunded, less any fees the court requires. If the court allows a surety bond, a bondsman or bail bondsman is permitted to deposit couurt percentage of arraiggnment bond amount with the court with a contract courg the bondsman will pay the balance of the bond if the defendant does not appear for court and cannot be located.
The defendant must pay the bondsman a nonrefundable portion of the bond usually ten percent and provide collateral such as a deed to a home or other piece of real estate or a co-signor, or both, to guarantee his appearance. If the defendant disappears and the bondsman is required to pay the bond to the court, the bondsman can collect that money from the co-signor or take possession of the collateral.
Other conditions. In addition to ROR or requiring the defendant to post bail, the court can impose other conditions how to make goop out of glue release on the defendant, including no contact with arraignmsnt, no use of drugs or alcohol, no association with other defendants, no new arrests, no association with known criminals, no possession of weapons, and no travel outside the county or state.
If the defendant violates any of these conditions, the court can rescind the ROR or bond and hold the defendant in jail without bond. Supervised release. In addition or as an alternative to setting a bond or other conditions of release, the court can place a defendant in a supervised release program while his case is pending. In some states, this is known as pretrial supervision and arrajgnment similar to being on probation while your case is pending.
You will be required to report to a probation or other supervising officer and to comply with any conditions the officer sets such as the conditions listed above. Can a Defendant Waive Arraignment?
Additional Information To learn more about arraignments, see the following articles. Consult an Attorney If you are arrested or receive a notice of arraignment, contact a criminal defense attorney immediately. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it How to fold the best paper airplane Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
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Can You Go to Jail After an Arraignment?
Aug 19, · the parties agreeing on future court dates (e.g., the date of a pre-trial conference and a trial date). An arraignment is required under the Sixth Amendment to the U.S. Constitution. In general, an arraignment hearing must take place within a reasonable time after a defendant is arrested. Oct 27, · An arraignment is usually the first court hearing in a criminal case. At an arraignment hearing, the accused enters a plea (guilty, not guilty or no contest), the issue of bail and release is determined, and a future court date is set – usually for the pretrial or, in a felony case, the preliminary hearing. In the article below, our California criminal defense lawyers will explain the arraignment . Nov 01, · In some cases, the arraignment is the first and only court date. For instance, in a case where a defendant wants to plead guilty and get sentenced right away, one trip to court is generally all it takes. But in most cases, the arraignment just marks the beginning of court proceedings. Each jurisdiction has its own procedures.
Being arrested and charged with a crime is simply the first step in what is often a very lengthy process. The next step and the first time you step foot inside a courtroom is the arraignment.
Normally, the arraignment takes place the same day or the day after arrest and charge. It is a brief, initial hearing on the case before a magistrate judge. At an arraignment, the judge tells the defendant what the charges against him are, what his constitutional rights are, and informs him that, if he cannot afford to hire a lawyer, the court will appoint a lawyer free of charge.
The defendant then responds to the charges by entering a plea. If another court date is set, it is normally for a pre-trial conference. An arraignment typically lasts about three hours, but if the court is very busy, the accused may have to stay all day. If the defendant is in custody at the time of arraignment, after entering a plea, the judge will release the defendant on the promise that she will return to court on a future date. Alternatively, the judge may instead set bail money or property put up by the defendant as a promise to return for future court dates and send the defendant back to jail until bail is posted.
In some cases, the judge may refuse to set bail at all and send the defendant back to jail. The judge bases the bail decision on several factors, including the defendant's prior criminal record, whether she has family nearby, how long she has resided in the area and whether she has made threats against any witnesses in the case. You can plead guilty at an arraignment, which means you admit you committed the crime. The judge finds the defendant guilty and enters a conviction in the court record.
You can also plead not guilty, i. A plea of not guilty is sometimes a strategic move made during plea bargaining or an attempt to take the case to trial and force the prosecution to prove the case beyond a reasonable doubt. Another plea option is no contest nolo contendere , which means you do not disagree with the charge. Effectively, this also means you admit you committed the crime, but the conviction can't be used against you in a civil lawsuit.
Claire is a qualified lawyer and specialized in family law before becoming a full-time writer. April 23, What Happens at a Felony Arraignment? What Happens at a Probable Cause Hearing? Can You Go to Jail at an Arraignment?