How Long Does It Take For An Arraignment?

Can you go to jail at an arraignment?

You can go to jail after an arraignment if you are denied bail, unable to post bail or need time to obtain a bail bond..

Can charges be dropped at formal 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 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.

Is it better to plead guilty or no contest?

A no contest plea is essentially a guilty plea that says you are not going to fight the charges against you but are not admitting guilt. It has the same legal ramifications as a guilty plea. However, a plea of no contest can be more beneficial than a guilty plea in certain cases.

Can charges be dropped at first appearance?

A charge can be dropped before or after a charge has been filed. You may need a charge dropped by the prosecutor, or you may need a charge dismissed by the prosecutor, though a court also can dismiss a charge if the prosecutor has made a fundamental legal error in the case.

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.

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

What happens after an arraignment?

In felony cases, after the arraignment, if the case does not settle or get dismissed the judge holds a preliminary hearing. At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial.

What happens at an initial arraignment?

Either the same day or the day after a defendant is arrested and charged, they are brought before a magistrate judge for an initial hearing on the case. The defendant will also be asked to plead guilty or not guilty to the charges. …

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…

What happens at an arraignment for shoplifting?

This court date is known as your arraignment. When you appear before the judge at your arraignment, you will be explained what the charges against you are. The judge will also ask you how you plead. … If you plead guilty or no contest, you will pay a fine, may be given community service and may do jail time.

How long after arraignment is preliminary hearing?

The prosecutor must file the Information within 15 days of the date you are held to answer at the preliminary hearing. Your trial must start within 60 days of the arraignment on the Information.

How long is arraignment?

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…

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 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.

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 you get a public defender before your court date?

In Criminal Cases If you have not bonded out, the court will automatically appoint a public defender for you at your first court date, called your arraignment. If you have bonded out and wish to be represented by a public defender, you must fill out an application and present it to the judge at your next court date.

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…•