Question: Do I Need A Lawyer At My Arraignment?

Does arraignment mean jail time?

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.

Some states require arraignments in all felony and misdemeanor cases – any case in which the defendant faces possible incarceration, whether in jail or prison..

What can I expect at a preliminary hearing?

Once the defendant has entered a plea of not guilty, a preliminary hearing will often be held. The prosecutor must show that enough evidence exists to charge the defendant. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses. …

What should I wear to an arraignment?

Other important preparations for your arraignment include: Dress appropriately. Wear a suit or a dress shirt and slacks or a skirt. Don’t wear beach wear, work-out clothing, or clothing with logos or sayings. Take care in grooming.

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.

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.

Do they drug test you in court for DUI?

In addition, individuals convicted of a DUI or DWI may be required to submit to court-ordered drug and alcohol testing.

What happens at a first appearance?

After an arrest or summons to appear, your first court appearance is officially referred to as an arraignment. This initial hearing is when the charges against you will be read by the Clerk of the Court, and when your plea or response to those charges will be entered.

What is the burden of proof in a trial?

For example, in criminal cases, the burden of proving the defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence.

Do lawyers go to arraignment?

Typically, your first opportunity to ask the court to appoint a lawyer for you will be at your first court appearance, normally called your arraignment or bail hearing. The judge will probably ask you whether you are represented by a lawyer.

Will I be drug tested at my arraignment?

If you are not on bond or not currently on probation, you are not facing any drug testing. However, at your arraignment, don’t be the least surprised if you are required to test.

What can I expect at 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.

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.

Do they drug test you at pretrial?

The Pretrial Services Officer will screen for substance abuse concerns through reviewing information in case files, interviewing the individual and their family, by observing behavior, and through court ordered drug testing.

Do I have to go to my arraignment?

You do not have to go to the arraignment, but you can go if you want. The court will not ask you to speak at the arraignment. The Assistant DA may ask you to speak at another hearing, later on.