Question: What Is The Point Of An Arraignment?

Can charges be dropped at arraignment?

It is possible for the judge to dismiss your case during an arraignment if he or she sees you’re the officers and the prosecution have a shaky foundation on which to charge you.

Your attorney could ask the judge to drop the charges against you by filing a motion prior to your arraignment..

What’s the difference between arraignment and sentencing?

An arraignment is a pre-trial proceeding, sometimes called an initial appearance. The criminal defendant is brought in front of a judge at a lower court. … A trial date is established. If the defendant enters a guilty plea, the judge may set a sentencing date.

Does victim go to arraignment?

It is not necessary for victims or witnesses to appear at the arraignment unless they have been specifically instructed to do so by the case agent or the Assistant United States Attorney. In any event, you will be advised if the defendant is released pending trial.

Will I be drug tested at arraignment?

No. You will not be drug tested at your arraignment. If this is a first offense drug charge, and if the evidence is sufficient to support a conviction, you will likely be eligible for first offender treatment whereby the matter is essentially continued and if…

How long after arraignment is preliminary hearing?

You have a right to have a preliminary hearing within 10 court days of your initial arraignment. Even if you waive your right to have a speedy preliminary hearing within the initial 10 days, the court must still set your hearing within 60 days of your arraignment unless you waive this right as well.

What does waiver of preliminary hearing mean?

Criminal defendants usually have the option to waive the preliminary hearing, but it happens very rarely and no defendant should do this without the advice of an attorney. If you waive a preliminary hearing, you allow the prosecution to proceed on criminal charges against you without having to present its evidence.

What does an arraignment mean?

An arraignment is a hearing. It is where the court formally charges the person who abused you with the crime. If the person who abused you is arrested and the District Attorney files a criminal complaint against them, the first thing that will happen in court is the arraignment.

Does being indicted mean you go to jail?

If a defendant is out on bail when he is indicted, unless he has violated the terms of the bail, it will most likely be continued over by the court; meaning that the defendant does not have to pay bail again to remain out of jail. … If not, then the judge will look at the defendant’s criminal history.

What happens at a post indictment arraignment?

POST-INDICTMENT ARRAIGNMENT At this court event the judge formally reads the charges against the defendant as per the indictment and the defendant will receive a chance to enter an initial plea of either “guilty” or “not guilty.” If the defendant pleads guilty a sentence date will be set.

Is it better to plead guilty or not guilty?

You should definitely plead NOT GUILTY to your criminal or traffic charge! The first court hearing is called an arraignment. If you hire our law firm, we will enter a “Not Guilty” plea for you at your arraignment and YOU WILL PROBABLY NOT HAVE TO GO TO COURT unless it is a felony.

What are the steps in arraignment?

Steps in a Criminal CaseStep 1: Arraignment. The first step in a criminal case is a court appearance called an arraignment, in which the charges against the defendant are read before a judge. … Step 2: Preliminary Hearing. … Step 3: 2nd Arraignment (Superior Court) … Step 4: Pretrial Hearing & Motions.Step 5: Jury Trial.

Can you be taken into custody at arraignment?

In felony cases (this does not apply to misdemeanors), if you have not been arrested prior to arraignment, officers will take you into custody briefly to “process you”, meaning they will take your fingerprints, photo, and information to enter into their database.

Do you go back to jail after preliminary hearing?

It is very unlikely that you would go to jail at the preliminary hearing. The court’s job is not to find the defendant guilty or not guilty. … It is relatively rare for this to happen, so it is unlikely that you would go to jail at the preliminary hearing even if the prosecution presents sufficient evidence.

What is the main purpose of the arraignment?

An arraignment is a court proceeding at which a criminal defendant is formally advised of the charges against him and is 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.

Why would you waive an arraignment?

District and Municipal Court, Not Superior Court Typical charges where we routinely waive the arraignment are – theft, shoplifting, assault, malicious mischief, BUI, reckless driving, trespassing, hit and run, minor in possession, driving while license suspended and fish and wildlife violations.

What do you do at an arraignment?

During the arraignment hearing the prosecutor or judge would read the charges to the defendant so he understood what he was being charged with and could, in response, decide if he needed to hire an attorney, gather up witnesses and other evidence or simply plead guilty.

Do you need an attorney for an arraignment?

The arraignment is the first time a defendant appears in criminal court, and you do have the right to have your attorney present at an arraignment.

What happens in court arraignment?

An arraignment is a formal hearing where a person accused of committing a crime is told what the charges are. The accused is also advised that he or she has certain legal and constitutional rights. Finally, the judge asks the accused how he or she would like to plead.

What happens at an initial arraignment?

At an arraignment, the accused generally 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 …