What Happens At A Court Arraignment?

What should I expect at my 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..

How long after arraignment is sentencing?

If you are being held in custody on a misdemeanor charge, you are entitled to a trial date no later than 30 days following the date you were arraigned or entered a plea, whichever is later. If you are not being held in custody, the court must set trial within 45 days following your arraignment or plea.

How long after plea deal is sentencing?

ninety daysThe United States Sentencing Guidelines Typically, sentencing will take place ninety days after a guilty plea or guilty verdict.

What can I expect at court arraignment?

At arraignment, the court must inform the defendant of the charges against him. In some states, the judge must read the criminal complaint, indictment, information, or another charging document to the defendant unless the defendant waives the reading.

Is evidence presented at arraignment?

The process is similar to a grand jury hearing in which evidence and testimony is offered by the prosecution but the defense does not usually present evidence. … A preliminary hearing is held if the defendant pleads not guilty at his or her arraignment.

What happens if you plead not guilty but are found guilty?

The defendant can change their plea from not guilty to guilty at any time. If the defendant decides to plead guilty before the trial, you won’t be required to give evidence in court. … If the defendant pleads guilty or is found guilty after the trial, they will be sentenced by the court.

Does victim go to 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. The Assistant DA will send you a witness summons telling you the date you are to appear and testify about the abuse.

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 you go to jail right after arraignment?

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.

What happens at a first appearance in court?

Initial Appearance – This is the defendant’s first appearance in court, and the defendant is advised of the charges. The judge appoints an attorney if the defendant cannot afford one. … The judge—or at the defendant’s request, a jury—can hear evidence on the charges and find the defendant guilty or not guilty.

Do you go straight to jail after sentencing?

It depends. Usually, if you are being sentenced to a prison term for a felony conviction, the answer is yes. If you are being sentenced to less than 12 months and will be serving a jail term, whether felony or misdemeanor, you will be given a report date, unless you are in jail already at the time of sentencing.

Should I take a plea deal or go to trial?

If you believe you will be found guilty, or if there is irrefutable evidence against you, often a plea deal will offer you the best terms for your charge. However, if you are seeking acquittal of the crime, you must go to trial.

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.

Should I get a lawyer before arraignment?

You can go to arraignment and plead not guilty, without an attorney; however, depending on whether you are charged with a misdemeanor or a felony, the steps and process will vary.