What Can I Expect At An Arraignment Hearing?

Do I need a lawyer at my 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..

Can I plead guilty at 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.

Do first time felons go to jail?

If you qualify for a first time felony waiver, the court has the option of imposing a sentence up to 90 days in confinement (jail) and can give up to 6 months of community custody (what used to be called probation in the old days), or 12 months of community custody if some sort of treatment is ordered (drug treatment, …

Is jail time mandatory for a felony?

California Felony Sentences California law authorizes the court to impose a sentence for a felony conviction. The fact that a sentence is authorized does not necessarily mean that a sentence will be imposed. Unless the law requires a sentence to jail or prison, a judge might instead place the defendant on probation.

What is the purpose of an arraignment hearing in the courts?

At arraignment, the court formally informs a defendant of charges contained in an indictment or information, provides the defendant with a copy of the charging instrument, and takes the defendant’s answer to those charges in the form of a plea.

How long does an arraignment hearing take?

Typically, the First Appearance (Arraignment) is quite brief, just a matter of minutes. However, the total time at court typically is lengthy due to multiple defendants being ordered to appear at one fixed time. If you are facing such an issue, know that…

Can a victim speak at 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.

Can a defendant talk to the prosecutor?

The State Bar’s ethics rules prohibit a prosecutor from speaking directly to a defendant if he or she knows that an attorney represents the defendant.

Can a judge dismiss a case at an 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 happens at a felony arraignment hearing?

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.

Can I talk to a public defender before arraignment?

Can I get advice from a public defender before I appear at the first court date? Yes! … The best way to speak to a public defender is to call the Public Defender’s Office at the courthouse where you have been told to appear for arraignment and come in to speak with a lawyer in person.

Can a felony charge be dismissed?

A felony case can be dismissed by motion of the prosecutor, the defendant’s attorney or the court . … Other ways for a defendant to get a felony charge dismissed is to go through trial and obtain a “not guilty” verdict or to attend a pretrial diversionary program.

Is bail set at an arraignment?

At the arraignment, the defendant may enter a plea and the judge will set bail (or allow release without bail, known as “OR”). … If the arraignment does not occur within 48 hours, the defendant will be given a bail hearing (or in some cases a special hearing to determine if there is probable cause for the charges).

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.

How do you avoid jail time for a felony?

15 Key Steps to Avoid Prison on Felony ChargesRemain Silent, it’s your Right, use it! … Remain Calm; and Silent. … Hire Experienced Criminal Defense Counsel Immediately. … Do Not Discuss Your Case. … Understand your Charges. … First, Defense Attorney; Second, Bondsman. … Don’t lie to your Attorney. … Do not speak to your family or friends about your case.More items…•

What comes first preliminary hearing or arraignment?

A preliminary hearing is best described as a “trial before the trial” at which the judge decides, not whether the defendant is “guilty” or “not guilty,” but whether there is enough evidence to force the defendant to stand trial. In contrast, an arraignment is where the defendant may file their pleas.

Do first time felony offenders go to jail?

Some crimes have a jail sentence no matter what. … First time offenders that committed a non violent crime and have no past criminal history will most likely get a suspended sentence, probation and fines. Suspended means you don’t have to serve the jail time as long as you do your probation and pay the fines.

Can you go to jail at an arraignment?

Will the abusive person have to go to jail after the arraignment? The judge may send the person who abused you to jail after the arraignment, but probably not. … If the judge does set bail, they will stay in jail until they pays the bail.

How do I prepare for an arraignment?

Other important preparations for your arraignment include: 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. Check in with a court officer or court clerk upon entering.