An arraignment is usually the first part of the criminal procedure that occurs in a courtroom before a judge or magistrate. The purpose of an arraignment is to provide the accused with a reading of the crime with which he or she has been charged .
What is the primary purpose of an arraignment?
The primary purpose of an arraignment is for the defendant to enter their initial plea to the charges against them .
What is the role of arraignment in the criminal proceeding?
An arraignment is typically the first court proceeding in a criminal case . At the arraignment hearing, defendants are advised of the charges that have been filed as well as their legal and constitutional rights. Afterward, they are given an opportunity to enter a plea of not guilty, guilty, or no contest.
What happens at an arraignment?
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.
Can charges be dropped at an arraignment hearing?
Although it is rare , it is possible for charges to be dropped at an arraignment. This may happen through a probable cause hearing, which typically occur during an arraignment.
Do I need a lawyer for an arraignment?
At your arraignment, the judge will advice you of your Constitutional rights, including the right to be represented by an attorney. While you do not necessarily need to have an attorney present at your arraignment , having one can be important in several ways.
Does an arraignment mean your going to jail?
At arraignments, people are taken into custody for 3 reasons: A Judge Orders Bail . ... In most cases, as we have our clients prearrange and qualify for bail, posting bail takes about 2-4 hours to post and then however long it takes the local jail to process you and release you.
Can you go to jail at arraignment?
Can You Go To Jail At An Arraignment. Yes , if the judge sets the defendant's bail at an amount they are not able to pay, the defendant will be taken to jail if they are not in custody going into the arraignment hearing.
Who is present at an arraignment?
During an arraignment, no juries are present . In the courtroom, one judge, the prosecutor, the defense counsel, and the defendant are present along with potential dozens of other defendants, their counsel, and other members of the public.
What happens if you plead not guilty at an arraignment?
3) During an arraignment, the prosecution may decide if they are going to try your case or not. If you plead guilty during the arraignment then you are sentenced and there is no need for a trial, but if you plead not guilty, further hearings to allow preparation for trial will be set .
Can you plea bargain at an arraignment?
Usually, those facing DUI charges in California are advised to plead “not guilty” at their arraignment , but there are plenty of exceptions. If you or your attorney has been able to work out a plea bargain, pleading “guilty” at the DUI arraignment will be required to take advantage.
On what grounds can a case be dismissed?
Some reasons that a case may be dismissed include findings that: Your conduct did not violate a criminal statute . The prosecution cannot prove that you were engaged in criminal activity. The police violated your rights while investigating the case.
How do you convince a prosecutor to drop charges?
There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant , take a plea deal, or show that their rights were violated by the police.
What comes after arraignment?
The pre-trial conference and hearing are generally the first time, following the arraignment, which an individual must appear in court again. ... The pre-trial conference is generally the next court date appearance, and in this event, a judge will attempt to resolve the case without trial, including offering plea bargains.
Why would an arraignment be Cancelled?
Formal Arraignments can be canceled for various reasons, such as the paperwork may not be complete in time . Often FA dates are automatically assigned, such as every case with a preliminary hearing today will have FA on X date, and...
What comes first arraignment or preliminary hearing?
The preliminary hearing is where the judge decides if there is enough evidence mounted against you for you to stand trial. The arraignment is where you can file your plea of guilty, not guilty, or no contest. ... Your arraignment can happen immediately after the preliminary hearing or scheduled for a later date.
