Arraignment

What is an Arraignment?

An arraignment is the first formal court hearing in a criminal case where the defendant is arrested. It is one of the first steps of a criminal lawsuit trial involving arrests. Arraignments typically consist of several standard steps and will be held following a defendant’s arrest by authorities.

Steps of Arraignments:

• The judge instructs the defendant on their rights.
• The defendant is informed of what charges are made against them.
• The judge asks the defendant what arrangements have or are planned to be made about hiring an attorney to represent them.
• The judge asks the defendant facing the charges how they plead and makes sure they understand the ramifications of each. They can plead one of the three options: guilty, not guilty, or no contest.
• The judge reviews and weighs the circumstances of the case and the defendant’s history before reaching a release or bail decision if one needs to be met.
• The judge reads the decision of whether to set bail or allow release promise to return for the next court appearance.
• If the judge grants bail, the judge will set the bail terms, including the dollar amount of the bail and other terms.

The judge reads out the charges against the defendant and appoints an attorney if they don’t have one. Following this, the judge also determines the dates for a pre-trial, preliminary hearing(for felony cases), and finally, the trial.

If the defendant has already been arrested and is in jail, then the arraignment must happen within 48 to 72 hours. If not, it can take anywhere from a few days to weeks, which could violate the defendant’s constitutional rights.

In general, these steps are what you can expect at an arraignment in the US.

What Happens After Arraignment?

After the charges have been clearly communicated, along with the defendant’s constitutional rights, the conditions for bail are investigated. This depends on how grave the crime is and the history of the defendant as an offender, among other factors.

After arraignment, the next step is usually a pre-trial conference or PTC, where the case is resolved via dismissal or plea agreement, or trial dates are set.

How Long After Arraignment is the Sentencing?

The sentencing stage of the legal process is only directly following an arraignment if the defendant pleads guilty or has no contest.

Following the defendant pleading guilty, the judge will begin the sentencing process, which is when the judge determines the conditions of their punishment.

However, if the defendant enters a plea of not guilty, the next step is to set a trial date. Only after a successful conviction at trial would the sentencing begin for the defendant charged with a crime and chose to plead not guilty.

Can Charges be Dropped at an Arraignment Hearing?

It is rare for charges to be dropped at an arraignment hearing since the judge doesn’t have the authority to dismiss a charge. However, the prosecutor can dismiss the criminal charges in special circumstances, such as finding the defendant wrongly accused.

This rarely happens, however. Further, the prosecutor & defense attorney can come to a plea agreement, and the case can be dismissed.

How is Arraignment Different From Indictment?

Often, an indictment is confused as the defendant being guilty of the crimes charged against them. In reality, this means that a grand jury(a group of citizens tasked with jury duties) has found probable cause to charge and have the defendant stand trial for the crimes.

This acts as a check against false allegations and baseless charges and trials brought against innocent people.

If the grand jury finds probable cause to hold the defendant accountable for the charges after going through evidence and hearing witnesses, then the case proceeds. In such a case, the document released is known as an ‘indictment.’

This is not the same as a guilty verdict, instead is a cursor to further court proceedings. On the other hand, an arraignment is a legal procedure that allows the defendant to understand the charges against them to enter a plea.

Unlike an arraignment, it is not necessary for the defendant to be informed that a grand jury is investing the case details, nor can they have an attorney present with them if the grand jury decides & calls over the defendant to testify.

What Happens at a Post-Indictment Arraignment?

According to the US Courts, in case of a felony, a defendant is entitled to a preliminary hearing within 14 days if detained and 21 days if they are released.

As we have seen above, a grand jury examines the evidence against the defendant in the preliminary hearing and decides if probable cause justifies holding the defendant for further court proceedings. If they find probable cause, then an indictment is issued.

This is followed by a trial where the defendant has an attorney representing the case. To be able to be prosecuted for a federal crime, an indictment before a grand jury is almost always used, whereas state crimes do not necessarily have grand juries as part of the process.

A grand jury can end the case before it really starts.

What Happens if You Plead Guilty at an Arraignment?

As we have seen before of how an arraignment works, the defendant must enter a plea at an arraignment- this can be guilty, not guilty, or no contest. Most commonly, the defendant pleads not guilty, which is usually recommended by the defense attorney.

However, if a defendant pleads guilty at an arraignment, the judge holds power to sentence them immediately.

A not-guilty plea implies the case will proceed toward the next set of court proceedings, which after setting the terms of bond or release, is typically to set a trial date.

How Long do Arraignments Take?

Unfortunately, you can expect no definite duration for how long an arraignment will take. However, the time period depends on the circumstances during the arraignment.

The arraignment can last less than an hour if the prosecutor recommends the charges that the defense is satisfied with or the defendant pleads guilty, avoiding a trial altogether.

The total time for how long the arraignment takes can increase significantly longer if there is disagreement among the parties.

For instance, if the attorney for the defendant accused of the crime objects to the prosecutor’s request for the terms of the bail. Extra arguments will ensue. The defendant can expect to spend more time in custody than in their arraignment.

Can You Post Bail Before Arraignment?

Usually, if bail is granted, the bail conditions are decided at an arraignment and not before unless there is a bail hearing.

The judge will weigh the bail being granted at an arraignment depending on various factors we have seen before, including the crime’s seriousness, the defendant’s criminal history, and even if they are a flight risk.

If there is a huge risk in sanctioning bail, the prosecutor may request a dangerous hearing, and there are chances of detaining the defendant for a certain amount of days without bail.

What is a Waiver of Arraignment?

A Waiver of Arraignment allows for a defendant’s absence in the court at the time of arraignment, provided both the defendant & defense attorney signs it. The Waiver of Arraignment must outline that the defendant has received an Indictment copy and pleads not guilty.

While the defendant needn’t be present, the defense counsel must be in court with the signed Waiver of Arraignment. Ultimately, the court will deem if it is valid and accepts the waiver. This is a Waiver of Arraignment Form as given by the US Courts.

How Long Does a DUI Arraignment Take?

Driving Under the Influence (DUI) arraignments can be the first and only court proceedings besides sentencing for this type of criminal lawsuit. However, drunk driving cases can proceed to the rest of the proceedings, such as a trial when the defendant charged with the DUI pleads not guilty.

How Many Times Can an Arraignment be Postponed?

Some jurisdictions have laws about postponing arraignments and allowing for continuances, which indirectly determines the limit of how many times an arraignment can be postponed and delayed with the court’s permission.

For example, statutes set a maximum amount of days each party in the criminal lawsuit can delay the arraignment within 12 months.

So if the prosecutor requests a continuance of the arraignment to protect the Sixth Amendment rights of the defendant, the ‘right to a speedy and public trial,’ and allow the defendant to hire proper counsel.

Part of this request to the judge to postpone the arraignment will include how many days.

Ultimately, if the continuance uses all the days allowed within 12 months, that will limit it to that single postponement for the prosecutor. In Florida, the maximum in 12 months is 60 days for the prosecutor and 60 days for the defense.

However, please keep in mind judges take postponing arraignments very seriously, and they are not done lightly.

Should I Hire an Attorney for My Arraignment?

Having an attorney by your side is best when attending a court proceeding. That is even more so for a criminal legal proceeding like an arraignment.

A lawyer can help you understand the best course of action for your charges and provide legal counsel in your favor. It is generally best practice to be hesitant to plead guilty.

Even when you plan to plead guilty to committing the crime, an attorney can protect you and help you not make mistakes.

Additionally, a defense lawyer may be able to negotiate a plea deal with the prosecutor for a lesser charge.

If you listen to their advice and plead guilty or no contest, you may be able to reduce the possibility of a harsh sentence or avoid additional charges made against you.

Pleading guilty can rarely be undone effectively and carries a lot of gravity, so having a criminal defense lawyer is crucial to avoid making a mistake a losing a better outcome for yourself.