At the arraignment, a judge will read on the record the charge or charges the defendant is facing. The judge will also inform the defendant what the maximum possible time of incarceration is for the charges and how high the fines can be if the defendant is convicted of the crime.
Depending on how serious the charge is, Bond can be anywhere from personal recognizance, to no bond. In other cases, the bond is set before the arraignment hearing. Arraignment is the first step in criminal proceedings at a courtroom. The arraignment happens after the arrest and booking. At an arraignment, the defendant will go in front of a judge. The Judge will then proceed to:. In some cases, if the defendant has been violating terms of their release before the arraignment, the judge may revoke bail and the defendant will be taken to jail.
The only major difference between felony and misdemeanor arraignments is at felony arraignments, the defendant will be given dates for his probable cause conference and preliminary exam. The proof at a preliminary exam is much lower than the burden of proof at a trial. The prosecutor only needs to show there is probable cause that a crime happened and that there is probably cause that the defendant was the person who committed the crime. After the defendant has been arraigned on a misdemeanor charge, the court will set the case up for a pretrial conference.
At this conference, the defendant or their attorney will talk to the prosecutor and the parties will try to reach a plea agreement to settle the case. If the parties are not able to reach a plea deal, the case will be set for a trial. Some courts have the parties pick a jury on a separate date before the actual trial. Other courts have the parties pick a jury and then have the trial right afterwards.
In some cases, the parties may agree to have a bench trial. This is where the judge will determine the guilt or innocence of the defendant after the opposing parties have presented their case.
That being said, if you are summoned to court for a felony charge, most, if not all, of this process can be done prior to your arraignment. This is less stressful in court and can be used to our advantage. You Screwed Up.
This one is the easiest ones to avoid and pretty self-explanatory. If you are released from jail and violate the release conditions, allegations of further criminal conduct, harassment, or inappropriate behavior will lead right back to jail.
When you are facing criminal charges, it is the time to be calm and listen to your criminal defense lawyer attorney, and not push boundaries. It is time to reflect on how you got into trouble and make changes in your life to avoid doing it again.
It is the job of your criminal defense attorney lawyer to fight your case in and out of court, and take on the stress of the case. It is not your job to do this so be patient, talk to your lawyer and follow the release conditions.
Again, this is a formal proceeding so: Be respectful; Dress appropriately; Be punctual; and Turn of anything that makes noise. Rhodes knows how to talk clearly and directly to his clients, adversaries and to the Court. His common sense, straight talk and experience put his clients immediately at ease.
Rhodes does not do anything half way and you will sense this when you meet him. Criminal Investigations and Cases: What Happens? Court proceedings will continue as if there was a guilty plea. No contest may sometimes be used to get a lighter sentence as opposed to pleading guilty. So, the favorable events that will take place at your arraignment are having the opportunity to clearly understand what the charges are against you, getting an attorney, and beginning your defense in the case.
You can also be released from jail, either with or without bail, pending the start of the trial. Of course, the negative factor here is that you will have to stand trial.
After the arraignment, the judge will determine requirements for the defendant to be released while an investigation takes place. You may be released on your own recognizance, granted bail , or be held until the trial begins.
The judge will look at factors to determine any for pretrial release. This includes whether you present a danger to the community, your previous criminal record, your connection to the community, your current employment status, and your employment history. Also, some judges may consider whether there is a record of failing to appear in court in the past. After this, the judge will set a date for your next appearance. The next date that is set may be a preliminary hearing if the case involves a felony charge, or a pretrial hearing if the charges are only a misdemeanor.
Now that you have been arrested, you need to prepare for your court appearance. Of course, if possible, take the opportunity to meet with an attorney. That way you can understand in advance what the charges are likely to be. Take the time to educate yourself about the legal process that is ready to happen. You can have the opportunity to speak with your attorney and go over what happened that led to your arrest, including anything that might be used as evidence against you.
You can also have the opportunity to talk with your family and friends to ensure their support. You can let them know what is happening to help prepare them for what you and they will have to deal with. It is always good to be prepared and avoid any unpleasant surprises. So, what do you think about this article about what a felony arraignment is? During preliminary hearings, judges determine whether sufficient evidence exists for a defendant to stand trial. Defendants may waive preliminary hearings, meaning they are not required to be present.
Arraignments differ from preliminary hearings in that the determination as to whether enough probable cause exists to charge a defendant has already been established. Additionally, a defendant's presence is typically required at a felony arraignment.
During a felony arraignment, a defendant is informed of his constitutional rights. If a defendant has not obtained counsel by the time of his arraignment, he will be informed of his 6th Amendment right to counsel. If for some reason, a defendant does not have counsel at his arraignment, the court will inform the defendant that he has a right to court-appointed counsel if he cannot afford to retain his own.
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