Question: What Happens After An Arraignment?

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 case get dismissed 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 you need a lawyer at 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.

Can you plea bargain at an arraignment?

If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conduct, the judge may sentence the defendant at arraignment. The prosecutor and the defense attorney may negotiate the guilty plea and agree on a sentence during the arraignment.

What is the difference between arraignment and first appearance?

Unlike the arraignment proceeding—wherein a defendant is formally advised of charges contained in an indictment or information and asked to enter a plea—the purpose of the initial appearance is to have a judicial officer inform the defendant of the basis for the arrest, advise the defendant of her rights, and, if …

Do you go to jail after arraignment?

An arraignment is typically your first court hearing after you are arrested for a crime. … If you are denied bail or it will take you time to obtain a bail bond, then you may return to jail after your arraignment.

How long is arraignment?

An arraignment typically takes place 48 hours to a few weeks after an arrest. Please note that a defendant can always waive his right to a speedy trial. If this is done, there is really no hard-and-fast rule for how long the prosecution can wait to bring an accused to trial.

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.

What happens after the arraignment hearing?

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 is the main purpose of the arraignment?

Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform him of the charges against the defendant. In response to arraignment, the accused is expected to enter a plea.

Can the 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.

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.

What can I expect at an arraignment hearing?

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 you bond out on a felony charge?

If you or a loved one has been arrested for a felony charge, then you’ll need to call a bail bond agent for a felony bond. … A felony bond is a bail bond that can be used to get those arrested for felony crimes released from jail.

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.

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. …